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TASMANIA
__________
HEALTH SERVICE ESTABLISHMENTS
AMENDMENT BILL 2011
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 20 substituted
20. Notification of alterations or extensions of licensed
establishments
6. Section 24 amended (Notice of reasons for refusal of
application)
7. Section 30 amended (Cancellation of licence with notice)
8. Section 39 amended (Director of nursing of establishment)
9. Section 40 amended (Title of "matron" and "director of
nursing")
10. Section 43 amended (Copy of Act and regulations to be
available)
11. Section 55A inserted
55A. Infringement notices
12. Repeal of Act
[Bill 2]-I
2
HEALTH SERVICE ESTABLISHMENTS
AMENDMENT BILL 2011
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
12 April 2011
(Brought in by the Minister for Health, the Honourable
Michelle Anne O'Byrne)
A BILL FOR
An Act to amend the Health Service Establishments Act
2006
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Health Service
Establishments Amendment Act 2011.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 2] 3
Health Service Establishments Amendment Act 2011
Act No. of
s. 3
3. Principal Act
In this Act, the Health Service Establishments
Act 2006* is referred to as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by omitting the definition of "chief
nurse";
(b) by inserting the following definition after
the definition of "day-procedure centre":
"director of nursing" means the
director of nursing of an
establishment as referred to in
section 39;
(c) by inserting the following definition after
the definition of "licensee":
"licensed establishment" means an
establishment in respect of which
a licence has been issued under
this Act;
(d) by omitting the definition of "registered
nurse".
*No. 17 of 2006
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Health Service Establishments Amendment Act 2011
Act No. of
s. 5
5. Section 20 substituted
Section 20 of the Principal Act is repealed and
the following section is substituted:
20. Notification of alterations or extensions of
licensed establishments
(1) For the purposes of this section -
"material alteration to or extension
of", in relation to an
establishment, means a material
alteration to or extension of the
establishment for which a permit
is required under the Building Act
2000.
(2) If a licensee of an establishment proposes
to make any material alteration to or
extension of the establishment, the
licensee must, within the period specified
in subsection (3), apply to the Secretary
for approval of the alteration or
extension.
(3) The application is to be made at least 14
days -
(a) before an application for a permit
in relation to the alteration or
extension is made under the Land
Use Planning and Approvals Act
1993; or
(b) if a permit is not required under
the Land Use Planning and
5
Health Service Establishments Amendment Act 2011
Act No. of
s. 5
Approvals Act 1993, before an
application under the Building
Act 2000 is made to a building
surveyor for a certificate of likely
compliance in relation to the
alteration or extension.
(4) The application is to be accompanied by
the prescribed fee.
(5) The application is to indicate -
(a) the purpose of the alteration or
extension; and
(b) any amendments to the licence
held by the applicant that the
applicant considers will be
required -
(i) during the construction
works to be undertaken in
relation to the alteration
or extension; or
(ii) as a result of the alteration
or extension.
(6) On receipt of the application together
with the prescribed fee and an indication
of the matters referred to in
subsection (5)(a) and (b), the Secretary -
(a) may give `in principle' approval
to the alteration or extension and,
if necessary, amend the licence to
reflect the construction work to
6
Health Service Establishments Amendment Act 2011
Act No. of
s. 5
be undertaken in relation to the
alteration or extension; or
(b) refuse to approve the alteration or
extension.
(7) If `in principle' approval is given under
subsection (6), the licensee, on
completion of the alteration or extension,
is to give the Secretary a copy of the
certificate of completion (building work)
under section 112 of the Building Act
2000 within 14 days of the certificate
being issued under that section.
(8) On receipt of the certificate of
completion (building work) and if the
alteration or extension substantially
complies with the application, the
Secretary is to endorse the licence and, if
necessary, amend the licence to reflect
the changes effected by the alteration or
extension.
(9) If a material alteration to or extension of
the licensed establishment is made
without the prior `in principle' approval
of the Secretary, the Secretary may
cancel the licence under section 30.
(10) Notwithstanding subsection (9), a
licensee may on payment of the
prescribed late application fee make a
late application for the approval of any
material alteration to or extension of the
establishment that has been commenced
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Health Service Establishments Amendment Act 2011
Act No. of
s. 6
without the `in principle' approval of the
Secretary.
(11) The Secretary may accept a late
application for approval referred to in
subsection (10) and subsections (5), (6),
(7) and (8) apply as if the late application
were an application under subsection (2).
6. Section 24 amended (Notice of reasons for refusal of
application)
Section 24 of the Principal Act is amended by
inserting "under section 9 or an application for
approval of a material alteration to or extension
of a licensed establishment under section 20"
after "licence".
7. Section 30 amended (Cancellation of licence with
notice)
Section 30(1) of the Principal Act is amended by
inserting after paragraph (g) the following
paragraph:
(ga) if the establishment no longer meets the
requirements of the licence because of
the material alteration to or extension of
it made by the licensee; or
8
Health Service Establishments Amendment Act 2011
Act No. of
s. 8
8. Section 39 amended (Director of nursing of
establishment)
Section 39 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2)(a) "chief
nurse" and substituting "director of
nursing";
(b) by omitting from subsection (3) "chief
nurse" and substituting "director of
nursing";
(c) by omitting from subsection (4) "chief
nurse" and substituting "director of
nursing";
(d) by omitting from subsection (5)(a) "chief
nurse" and substituting "director of
nursing";
(e) by omitting from subsection (6) "chief
nurse" and substituting "director of
nursing".
9. Section 40 amended (Title of "matron" and
"director of nursing")
Section 40(1) of the Principal Act is amended by
omitting "chief nurse" and substituting "director
of nursing".
9
Health Service Establishments Amendment Act 2011
Act No. of
s. 10
10. Section 43 amended (Copy of Act and regulations to
be available)
Section 43 of the Principal Act is amended by
omitting "chief nurse" and substituting "director
of nursing".
11. Section 55A inserted
After section 55 of the Principal Act, the
following section is inserted in Part 6:
55A. Infringement notices
(1) In this section -
"infringement offence" means an
offence against this Act or the
regulations made under this Act
that is prescribed by the
regulations made under this Act
to be an infringement offence.
(2) The Secretary may issue and serve an
infringement notice on a person if he or
she reasonably believes that the person
has committed an infringement offence.
(3) An infringement notice is to be in
accordance with section 14 of the
Monetary Penalties Enforcement Act
2005.
(4) The regulations -
10
Health Service Establishments Amendment Act 2011
Act No. of
s. 12
(a) may prescribe, for infringement
offences, the penalties payable
under infringement notices; and
(b) may prescribe different penalties
for bodies corporate and
individuals.
(5) In the application of the Monetary
Penalties Enforcement Act 2005 to an
infringement notice issued and served
under this section -
(a) the issuer and server of the
infringement notice is taken to be
a public sector body within the
meaning of that Act; and
(b) a penalty prescribed under
subsection (4) in respect of an
infringement offence is taken to
be the prescribed penalty
applicable to that offence for the
purposes of section 14(a)(ii) of
that Act.
12. Repeal of Act
This Act is repealed on the ninetieth day from
the day on which it commences.
Government Printer, Tasmania 11