New South Wales Consolidated Acts

PRIVATE HEALTH FACILITIES ACT 2007 - SECT 4

4 Definitions

(1) In this Act--

"Advisory Committee" means the Private Health Facilities Advisory Committee established under this Act.

"application" means--

(a) an application for a licence under section 6, or

(b) an application to transfer a licence under section 15, or

(c) an application for approval to alter or extend a private health facility under section 16, or

(d) an application for amendment of a licence under section 17.

"approval in principle" means an approval in principle under section 7 of an application for a licence.

"authorised officer" means an authorised officer appointed under section 50.

"class of facility" , in relation to a private health facility, means the class or classes of facility in respect of which a licence for the facility is issued.

"clinical area" means an area of a private health facility that is used for the provision of health services to a patient and includes any area of a facility that may be prescribed.

"director of nursing" means the director of nursing of a private health facility as referred to in section 37.

"exercise" a function includes perform a duty.

"function" includes a power, authority or duty.

"licence" means a licence issued under section 9 and in force under this Act.

"licensee" means the holder, or any one or more of the holders, for the time being of a licence.

"licensing standards" means the standards prescribed under section 5.

"patient" means a person treated at a private health facility.

"practitioner" means a medical practitioner, a dentist or other health practitioner as may be prescribed by the regulations.

"premises" includes any land, building and part of any building.

"private health facility" means premises at which any person is admitted, provided with medical, surgical or other prescribed treatment and then discharged, or premises at which a person is provided with prescribed services or treatments, but it does not include--

(a) an institution conducted by or on behalf of the State, or

(b) a hospital or health service under the control of a public health organisation within the meaning of the Health Services Act 1997 , or

(c) a nursing home within the meaning of the Public Health Act 2010 , or

(d) premises of a class prescribed by the regulations for the purposes of this definition.

"procedure room" means a room in which medical or surgical procedures are conducted, and includes an operating theatre, labour room or other room prescribed by the regulations.

"register of patients" means the register that is required by section 38 to be kept at a private health facility.

"Secretary" means the Secretary of the Ministry of Health.

"ward" means any room (other than a labour room or operating theatre) in a private health facility in which patients are accommodated and includes any recovery room in which a patient is monitored after an operation whilst returning to his or her pre-operative state of consciousness.

Note : The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) A reference in this Act--

(a) to medical, surgical or other treatment includes a reference to a diagnosis for the purposes of any such treatment, and

(b) to the conduct of a private health facility (however expressed) is a reference to the carrying on of the business of the facility, and

(c) to a person who conducts a private health facility (however expressed) is a reference--

(i) to a corporation which conducts the facility, except where that corporation is acting only in its capacity as an agent, or

(ii) to a natural person who conducts the facility (whether jointly with other persons or alone), except where that person is acting only in the person's capacity as an employee or an agent.

(3) Notes included in this Act do not form part of this Act.