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CLAUSE NOTES
Health Service Establishments Amendment Bill 2011
Clause 1 Short Title
Clause 2 Commencement: the Act commences on Royal Assent.
Clause 3 The Principal Act is the Health Service Establishments Act 2006.
Clause 4 The `Interpretation' section 3 amended by omitting the definition of
`chief nurse' and substituting `director of nursing'; and inserting a
definition of `licensed establishment'. The definition of `registered
nurse' is omitted as the Acts Interpretation Act 1931 definition applies.
Clause 5 Section 20 is repealed and a new section 20 is substituted. The
Notification of section sets out the processes for seeking approval for proposed
alternations or material alterations or extensions of licensed establishments.
extensions of
licensed Subsection (1) defines `material alteration to or extension of' with
establishments reference to such work that requires a building permit under the
Building Act 2000.
Subsection (2) provides that if a licensee of an establishment proposes
to make any material alteration to or extension of the establishment,
then the licensee must first apply to the Secretary for approval of that
building work. An application is to be accompanied by the prescribed
fee (subsection (4)).
Subsection (3) stipulates the time in which an application under
subsection (2) is to be made -i.e. at least 14 days before either a
application for a permit is made under the Land Use Planning and
Approvals Act 1993 or before an application is made under the Building
Act 2000 for a certificate of likely compliance.
Subsection (5) provides that the application is to indicate the purpose
of the alteration or extension and any possible amendments that may
be required to the licence either during the construction work or as a
result of the alteration or extension.
Subsection (6) provides that the Secretary may either give `in principle'
approval to the proposed work or refuse to approve the alteration or
extension. If the former, the licence may be amended if necessary.
Subsection (7) provides that if `in principle' approval is given, once the
work is competed, the licensee is to give the Secretary a copy of the
certificate of completion (building work).
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Subsection (8) provides that upon receipt of the certificate of
completion, and if the alteration or extension substantially complies
with the original application, the Secretary is to endorse the licence
and, if necessary, amend the licence to reflect the changes made.
Subsection (9) provides that if a material alteration to or extension of
a licensed establishment is made without prior `in principle' approval,
the Secretary may cancel the licence under section 30.
Notwithstanding subsection (9), subsection (10) allows a licensee to
make a late application for approval. If the Secretary accepts a late
application under subsection (11) then the approval process as set out
in the section 20 applies as if the application had been made before the
work commenced.
Clause 6 Amends section 24 so that if the Secretary refuses an application
under section 20, the Secretary must notify the applicant.
Clause 7 Amends section 30(1) to add a ground for cancellation of a licence on
the basis that the establishment no longer meets the requirement of
the licence due to the material alteration or extension made.
Clause 8 Amends section 39 by omitting the references to `chief nurse' and
substituting `director of nursing' wherever appearing.
Clause 9 Amends section 40 by omitting the reference to `chief nurse' and
substituting `director of nursing'.
Clause 10 Amends section 43 by omitting the reference to `chief nurse' and
substituting `director of nursing'.
Clause 11 Inserts a new section 55A which provides that the Secretary may issue
Infringement an infringement notice on a person if there is a reasonable belief that
notices the person has committed an infringement offence. An infringement
notice is to be in accordance with section 14 of the Monetary Penalties
Enforcement Act 2005.
The Act sets out a range of offences which may be dealt with
summarily and the penalties. The regulations may prescribe which of
those offences may be dealt with alternatively as infringement
offences and thus may be subject to an infringement notice rather than
proceeding by summons. The regulations may also prescribe the
penalties payable under infringement notices.
Clause 12 Provides that this Act is repealed on the 90th day from
commencement.
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