Health Services Act 1988

In determining whether to register or refuse to register premises as a health service establishment, the Secretary must consider—

any relevant guidelines under Part 2; and

whether the carrying on of the establishment may result in more than adequate health services of any kind becoming available in the area; and

whether the applicant—

is a fit and proper person to carry on the establishment; and

has and is likely to continue to have the financial capacity to carry on the establishment; and

if the applicant is a body corporate, whether each director or other officer of the body corporate who exercises or may exercise control over the body corporate is a fit and proper person to carry on or exercise control over the establishment; and

the suitability of the location of the premises for the carrying on of the establishment having regard to the availability of other community services and the safety and amenity of the environment; and

the suitability of the design and construction of the premises for the particular kind of establishment; and

the suitability of the fittings and equipment of the premises for the particular kind of establishment; and

whether the proposed arrangements for the management and staff of the establishment are suitable; and

whether the applicant has complied with the health service establishment premises guidelines; and

whether the applicant—

will provide, safe, patient-centred and appropriate health services; and

will foster continuous improvement in the quality and safety of care and health services provided; and

whether appropriate arrangements have been or will be made for evaluating, monitoring and improving the quality of health services provided by the establishment; and

if the applicant is not the owner in fee simple of the premises, whether the arrangements under which the premises are or are to be occupied are satisfactory for the proper carrying on by the proprietor of the establishment; and

whether all conditions to which the approval in principle is subject have been met; and

the security of the applicant's tenure over the premises at which, or from which, the applicant proposes to carry on the health service establishment; and

if the applicant is or was previously a proprietor, or is or was previously a director of a body corporate that is or was previously a proprietor, of any other health service establishment, or is or was previously associated with any other health service establishment in a managerial capacity—

the extent and nature of the applicant's involvement in the other health service establishment; and

the number of complaints, if any, that have been brought within the previous 3 years by or on behalf of residents of the other health service establishment (regardless of who received the complaints) and how the complaints have been dealt with; and

the financial management of the other health service establishment; and

the applicant's compliance with any reporting requirements under this Act that relate to the other health service establishment; and

whether the applicant has carried on the other health service establishment in accordance with this Act, the regulations and, if the establishment is registered under this Act, any conditions to which the registration of the establishment is subject; and

whether the applicant has been convicted or found guilty of an offence under this Act or the regulations in relation to the other health service establishment; and

the capacity of the applicant to meet any requirements for the registration under this Act of the other health service establishment.

The Secretary must not refuse to register premises as a health service establishment on any ground that is inconsistent with any approval in principle in force under Division 1.

In this section, other health service establishment includes a supported residential service.