Health Services Act 2016

In this section —

that are not attached to, or are set apart from, premises mentioned in subsection (4)(a); and

at which —

persons are provided with a health service determined by the Minister under subsection (2); or

persons will be provided with a health service determined by the Minister under subsection (2);

at which overnight accommodation is not provided;

at which —

a nurse is stationed and at which facilities exist for medical attention; or

a nurse will be stationed and at which facilities will exist for medical attention;

which is not normally used for overnight accommodation of patients.

The Minister may by written notice determine any health service for the purposes of the definition of day hospital facility in subsection (1).

A determination under subsection (2) may be made —

generally; or

in relation to specified health services or health services in a specified class; or

by reference to a declaration or determination made under any law of the State or the Commonwealth.

Each of the following premises is a hospital for the purposes of this Act —

premises where —

medical, surgical or dental treatment, or nursing care, is provided for ill or injured persons and at which overnight accommodation may be provided; or

medical, surgical or dental treatment, or nursing care, will be provided for ill or injured persons and at which overnight accommodation will be provided;

a day hospital facility;

a nursing post.

In subsection (4) an ill person includes a person who has a mental illness (as defined in the Mental Health Act 2014 section 4) but this section does not affect any requirements under that Act that a person be detained at an authorised hospital (as defined in section 4 of that Act) or at another place.

Subject to any order made under subsection (8), each of the following premises is a public hospital for the purposes of this Act —

a hospital controlled or managed by a health service provider or the Department CEO; or

a hospital declared to be a public hospital under subsection (7).

The Minister may by order published in the Gazette declare any hospital to be a public hospital for the purposes of this Act.

The Minister may by order published in the Gazette declare that any hospital is not a public hospital for the purposes of this Act or the Private Hospitals and Health Services Act 1927.