New South Wales Consolidated Acts

PRIVATE HEALTH FACILITIES ACT 2007

- As at 21 March 2024 
- Act 9 of 2007 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Objects of Act
   4.      Definitions

   PART 2 - LICENSING OF PRIVATE HEALTH FACILITIES

           Division 1 - Licensing standards

   5.      Licensing standards

           Division 2 - Applications for and issue of licences

   6.      Application for licence
   7.      Approval in principle or refusal of application
   8.      Period for which approval in principle remains effective
   9.      Issue of licence approved in principle

           Division 3 - Provisions relating to licences

   10.     Classes of private health facilities
   11.     Form of licence
   12.     Conditions of licence
   12A.    (Repealed)
   13.     Duration of licence
   14.     Annual licence fees
   15.     Transfer of licence to another licensee
   16.     Alterations or extensions to licensed facilities
   17.     Amendment of licences

           Division 4 - General provisions relating to applications

   18.     Additional information
   19.     Notice of reasons for refusal of application
   20.     Advertising of applications
   21.     Amendment of applications

           Division 5 - Review of decisions of Secretary

   22.     Definition
   23.     Chairperson of Committees of Review
   24.     Application for review of Secretary's decision
   25.     Constitution of Committee of Review
   26.     Committee of Review to make recommendation to Minister
   27.     Determination of application for review by Minister
   28.     Applicant to provide information

           Division 6 - Suspension and cancellation of licences

   29.     Suspension of licence
   30.     Cancellation of licence without notice
   31.     Cancellation of licence with notice
   32.     Right to apply to Civil and Administrative Tribunal for administrative review

   PART 3 - CONDUCT OF PRIVATE HEALTH FACILITIES

   33.     Unlicensed private health facility
   33A.    Certain services or treatments must not be performed at unlicensed facility
   34.     Executor or administrator regarded as licensee
   35.     Purposes for which facilities may be used
   36.     Overcrowding
   37.     Nursing requirements for private health facilities
   38.     Register of patients
   39.     Medical advisory committee
   40.     Act and regulations to be readily available

   PART 4 - RESPONSE TO INCIDENTS

           Division 1 - Preliminary

   41.     Definitions

           Division 2 - Preliminary risk assessment

   42.     Appointment of assessors to assess incidents
   43.     Functions of assessors in relation to incidents
   44.     Immediate notification if person at risk
   45.     Outcome of assessment of incidents

           Division 3 - Serious adverse event review

   46.     Appointment of team to review incidents
   47.     Serious adverse event review of incident
   48.     Immediate notification if person at risk
   49.     Notification about performance or impairment of health practitioner
   49A.    Discontinuing serious adverse event review

           Division 4 - Incident reviewers

   49B.    Meaning of "incident reviewer"
   49C.    Restrictions on incident reviewers
   49D.    Disclosure of information
   49E.    Information not to be given in evidence
   49F.    Advice and reports not to be admitted in evidence
   49G.    Personal liability of incident reviewers

           Division 5 - Miscellaneous

   49H.    Regulations for purposes of Part

   PART 5 - ENFORCEMENT

   50.     Authorised officers
   51.     Power to enter and inspect
   51A.    Power of authorised officers to require answers
   51B.    Requirement to provide information and documents
   52.     Improvement notices
   53.     Obstruction of officers and failure to comply with direction
   53A.    Provisions relating to requirements to furnish documents, information or answer questions

   PART 6 - PRIVATE HEALTH FACILITIES ADVISORY COMMITTEE

   54.     Constitution of Advisory Committee
   55.     Functions of Advisory Committee
   56.     Sub-committees of Advisory Committee

   PART 7 - MISCELLANEOUS

   57.     Secretary may direct licensee to engage external expert
   57A.    Duty to report certain criminal and disciplinary matters
   58.     Disclosure of pecuniary interests to patients
   58A.    Sharing or exchange of information about health practitioner appointments
   59.     Onus of proof regarding reasonable excuse
   60.     Evidentiary certificates
   61.     Service of documents
   62.     Offences by corporations
   63.     Proceedings for offences
   64.     Delegation
   65.     Regulations
   66.     Savings, transitional and other provisions
   67.     (Repealed)
   68.     Review of section 7 (4) (c) (i)
   69.     Repeal of Private Hospitals and Day Procedure Centres Act 1988 No 123
   70.     (Repealed)
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           Schedule 5 (Repealed)