Private Health Care Facilities Bill 2014

Private Health Care Facilities Bill 2014

table of provisions

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Part 1—Preliminary

1Purposes

2Commencement

3Definitions

Part 2—Approval and Registration

Division 1—Registration

4Application for registration

5Decision on application for registration

6Secretary may conduct inspection of facility

7Issue of registration certificate

8Duration of registration of private health care facility

Division 2—Renewal of registration

9Application for renewal of registration

10Decision on application for renewal of registration

Division 3—Variation of registration

11Application by proprietor for variation of registration

12Decision on application for variation of registration

13Secretary may vary registration

14Notification of decision regarding variation of registration by Secretary

Division 4—Alterations and extensions

15Application for permission to use altered, renovated or
extended clinical area

16Decision on application to use altered, renovated or extended clinical area

Division 5—Transfer of registration

17Application for transfer of registration

18Decision on application for transfer of registration

Division 6—Cancellation of registration

19Cancellation of registration on application of proprietor

20Cancellation of registration by Secretary

Division 7—Changes in directors and officers

21Ceasing to be director or officer of proprietor that is a body corporate

22Application to Secretary required on appointment of new
director or officer of body corporate proprietor

23Secretary to decide suitability of new directors and officers

24Offence to fail to notify Secretary of conviction for serious offence

Division 8—Approval in principle

25Application for approval in principle

26Decision on AIP application

27Certificate of approval in principle

28Transfer or variation of certificate

Division 9—Further offences

29Offence to operate unregistered private health care facility

30Offence to provide health or other service that private health
care facility is not registered to provide

31Offence to use any altered or renovated clinical area without approval from the Secretary

Division 10—General

32Secretary may impose conditions on registration

33Secretary may require further information

34Applications withdrawn in certain circumstances

35Notification of decisions under this Part

36New registration certificate to be issued in certain
circumstances

37Approval of quality assurance scheme

Part 3—Reporting and Notifications

38Annual return

39Direction to provide information

40Proprietor to give Secretary copies of specified audit reports

41Proprietor to give Secretary reports and notices that identify serious risks to patient safety

42Proprietor must notify Secretary of refused or revoked accreditations

Part 4—Compliance

Division 1—Compliance notices

43Secretary may issue compliance notice

44Content of compliance notice

45Proprietor must comply with compliance notice

46Effect of issue of compliance notice

Division 2—Revocation

47Revocation of registration of private health care facility

Part 5—Enforcement

Division 1—Authorised officers

48Secretary may appoint authorised officers

49Identity cards

50Directions

51Production of identity card

Division 2—Powers of entry

52Power to enter—monitoring compliance

53Entry to unregistered premises

54Search warrants—general

Division 3—Procedure for entry

55Announcement before exercising power of entry without
warrant

56Notice required if power of entry exercised without warrant
and without proprietor or occupier being present

57Announcement before entry on warrant

58Copy of warrant to be given to occupier

Division 4—Powers after entry

59General powers of authorised officers

60Power to direct persons to produce documents, operate equipment or answer questions

61Authorised officers to give receipts for seized things and
samples taken

62Copies of seized documents

63Retention and return of seized documents or things

64Magistrates' Court may extend 3 month retention period

65Court may order destruction of seized documents or things

66Protection against self-incrimination

67Police assistance

Division 5—Offences and complaints

68Offence to obstruct or hinder

69Offence to impersonate authorised officer

70Complaints

Part 6—General

71Minister may grant exemption from requirements of Act

72Power to bring proceedings

73False and misleading statements

74Damaging or destroying documents etc.

75Criminal liability of officers of bodies corporate—accessorial liability

76Offences by firms, partnerships and unincorporated
associations

77Service of notices and other documents

78Delegation

79Review of decisions

80Regulations

Part 7—Savings and Transitional Provisions

81Interpretation of Legislation Act 1984

82Health service establishments under Health Services Act 1988 before commencement

83Pre-commencement applications

84Pre-commencement approvals

85Disciplinary action

86Authorised officers

87Regulations dealing with transitional matters

Part 8—Repeals and Consequential Amendments

Division 1—Health Services Act 1988

88Definitions

89Interpretation: health service establishment and day procedure centre

90Principal function of the Secretary

91Health service establishments

92Confidentiality

93Inquiry by Secretary

94Powers of authorised officers

95Entry to unregistered premises—search warrant

96False and misleading statements

97Extension of time limit for proceedings for certain offences
and Supreme Court—limitation of jurisdiction—section 126A

98Regulations

99Private hospitals etc. registered under Health Act 1958 and residential statements

Division 2—Other Acts

100Abortion Law Reform Act 2008

101Cancer Act 1958

102Coroners Act 2008

103Control of Weapons Act 1990

104Drugs, Poisons and Controlled Substances Act 1981

105Firearms Act 1996

106Liquor Control Reform Act 1998

107Mental Health Act 2014

108Pharmacy Regulation Act 2010

109Public Health and Wellbeing Act 2008

110Residential Tenancies Act 1997

111Sentencing Act 1991

112Sex Work Act 1994

113Transport Accident Act 1986

114Workers Compensation Act 1958

115Workplace Injury Rehabilitation and Compensation Act 2013

116Repeal of amending Part

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Endnotes

1

571375B.I-27/5/2014BILL LA INTRODUCTION 27/5/2014

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Introduced in the Assembly

Private Health Care Facilities Bill 2014

1

571375B.I-27/5/2014BILL LA INTRODUCTION 27/5/2014

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A Bill for an Act to regulate private health care facilities, to repeal Part 4 of the Health Services Act 1988 and make consequential amendments to that Act and other Acts and for other purposes.

1

571375B.I-27/5/2014BILL LA INTRODUCTION 27/5/2014

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1

571375B.I-27/5/2014BILL LA INTRODUCTION 27/5/2014

Private Health Care Facilities Bill 2014

1

571375B.I-27/5/2014BILL LA INTRODUCTION 27/5/2014

Private Health Care Facilities Bill 2014

The Parliament of Victoriaenacts:

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571375B.I-27/5/2014BILL LA INTRODUCTION 27/5/2014

Part 8—Repeals and Consequential Amendments

Private Health Care Facilities Bill 2014

Part 1—Preliminary

1Purposes

The main purposes of this Act are—

(a)to provide for a registration scheme for private health care facilities; and

(b)to provide for oversight mechanisms to ensure the welfare of patients of private health care facilities; and

(c)to provide for enforcement mechanisms to ensure compliance with this Act; and

(d)to repeal Part 4 of, and make various consequential amendments to, the Health Services Act 1988.

2Commencement

s. 2

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 30 March 2015, it comes into operation on that day.

3Definitions

In this Act—

AIP application means an application for approval in principle made under section 25;

approved quality assurance scheme means a scheme declared by the Secretary under section 37;

authorised officer means a person appointed under section 48;

certificate of approval in principle means a certificate issued under section 27;

clinical area means an area of a private health care facility where health services are provided and includes a recovery area;

compliance notice means a compliance notice issued under section 43;

day procedure centre means premises where—

(a)an activity carried on is the provision of health services of a prescribed kind or kinds and for which a fee is payable; and

(b)persons to whom treatment of that kind or those kinds is provided are reasonably expected to be admitted and discharged on the same date—

but does not include a private hospital, public hospital or denominational hospital;

denominational hospital has the same meaning as it has in the Health Services Act 1988;

officer in relation to a body corporate means—

(a)a person who is an officer (as defined by section 9 of the Corporations Act) of the body corporate; or

s. 3

(b)a person (other than a person referred to in paragraph (a)), by whatever name called, who is concerned in, or takes part in, the management of the body corporate;

person includes an unincorporated association, a firm and a partnership;

planning permit means—

(a)a permit issued under Part 4 of the Planning and Environment Act 1987; or

(b)a certificate of compliance issued under Part 4A of the Planning and Environment Act 1987;

private health care facility means—

(a)a private hospital; or

(b)a day procedure centre;

private health care facility guidelines means the prescribed guidelines;

private hospital means a facility that provides persons with health services of a prescribed kind or kinds and for which a fee is payable and includes a privately-operated hospital, but does not include—

(a)a public hospital or denominational hospital; or

(b)a day procedure centre; or

(c)a residential care service;

privately-operated hospital has the same meaning as it has in the Health Services Act 1988;

proprietor means—

(a)in the case of a not-for-profit private health care facility, the authority or body of persons conducting the facility; and

s. 3

(b)in any other case, the owner (whether a natural person or a body corporate) of the business or undertaking carried on at the private health care facility;

public hospital has the same meaning as it has in the Health Services Act 1988;

registered private health care facility means a private health care facility in respect of which a current registration certificate has been issued;

registration certificate means a certificate issued under section 7;

registration criteria means the criteria set out in section 5(2);

residential care service has the same meaning as it has in the Health Services Act 1988;

Secretary means the Department Head (within the meaning of the Public Administration Act 2004) of the Department.

s. 3

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Part 2—Approval and Registration

Division 1—Registration

4Application for registration

s. 4

(1)A person who intends to be the proprietor of a private health care facility may apply to the Secretary for registration of the private health care facility.

(2)An application for registration—

(a)must include the prescribed details; and

(b) must be accompanied by the prescribed documents; and

(c)must be accompanied by the prescribed fee (if any).

5Decision on application for registration

(1)On receiving an application for registration, the Secretary must—

(a)register the private health care facility, whether or not subject to conditions; or

(b)refuse to register the private health care facility.

(2)In making a decision under subsection (1), the Secretary must consider the following—

(a)whether or not the applicant is, or each director and other officer of an applicant that is a body corporate are, a fit and proper person to carry on, exercise control over or manage a private health care facility, having regard to any past involvement of the applicant in carrying on, exercising control over or managing a private health care facility or other similar facility;

Examples

An aged care facility; a child care centre.

(b)whether the design and construction of the premises of the facility is in accordance with the private health care facility guidelines;

(c)whether the fittings and equipment on the premises of the facility are in accordance with the private health care facility guidelines;

(d)whether the applicant has suitable arrangements in place for the management and staffing to operate the facility;

s. 5

(e)whether the applicant has suitable arrangements in place for maintaining the quality of health services provided at the premises of the facility and, if applicable, offsite;

(f)whether the applicant has suitable arrangements in place for the evaluation, monitoring and improvement of health services provided by the facility;

(g)whether the facility is accredited to an approved quality assurance scheme or will, within a period of time to be determined by the Secretary, be accredited to an approved quality assurance scheme;

(h)if an AIP application has been granted in respect of the facility, whether or not the approval in principal was complied with;

(i)the report of any inspection carried out under section 6;

(j)any other relevant information that has been provided to the Secretary.

6Secretary may conduct inspection of facility

s. 6

(1)Before making a decision on an application for registration of a private health care facility, the Secretary may carry out an inspection of the facility to ensure that the requirements of this Act, the regulations and the private health care facility guidelines have been complied with.

(2)The Secretary may be accompanied by any assistants (including contractors) whose expertise is necessary to carry out an effective inspection under subsection (1).

7Issue of registration certificate

If the Secretary registers a private health care facility, the Secretary must issue a certificate of registration stating the following—

(a)the name of the facility;

(b)the name of the proprietor of the facility;

(c) the main address of the facility and a list of locations and addresses from which health services are to be provided by the facility;

(d)the types of services that are to be provided by the facility;

Note

This includes any services to be provided offsite.

(e) any conditions to which the registration is subject;

(f)the date of issue of the registration certificate;

(g)the expiry date of the registration period.

8Duration of registration of private health care facility

s. 8

Registration as a private health care facility remains in force for 3 years (or any shorter period determined by the Secretary) from the date the registration certificate is issued, unless sooner revoked or cancelled in accordance with this Act.

Division 2—Renewal of registration

9Application for renewal of registration

(1)A proprietor of a registered private health care facility who wishes to renew the registration of that facility must apply to the Secretary at least 3 months before the expiry date specified on the registration certificate.

(2)Subject to subsection (3), an application for renewal of registration must include sufficient information for the Secretary to decide whether the registered private health care facility continues to meet the registration criteria.

(3)An applicant for renewal of registration is not required to provide the information specified in section 5(2)(a) unless there has been, or is proposed to be—

(a)a change in the proprietor of the registered private health care facility; or

(b)in the case of an applicant that is a body corporate, a change in any director or other officer who exercises control over that body corporate.

(4)An application for renewal of registration must be accompanied by the prescribed fee (if any).

10Decision on application for renewal of registration

s. 10

(1)On receiving an application for renewal of registration, the Secretary must—

(a)renew the registration of the private health care facility, whether or not subject to conditions; or

(b)refuse to renew the registration of the private health care facility.

(2)Subject to subsection (3), in making a decision under subsection (1) the Secretary must consider the following—

(a)the registration criteria;

(b)any reports, audits or notifications provided under Part 3;

(c)any action that has been taken with respect to the private health care facility under Part 4.

(3)The Secretary is not required to consider the matters specified in section 5(2)(a) unless there has been, or is proposed to be—

(a)a change in the proprietor of the private health care facility; or

(b)in the case of an applicant that is a body corporate, a change in any director or other officer who exercises control over that body corporate.

Division 3—Variation of registration

11Application by proprietor for variation of registration

(1)A proprietor of a registered private health care facility who intends to do either of the following must apply to the Secretary for a variation of the registration of the facility—

(a)change the name of the facility;

(b)change the kinds of health services that may be provided by the facility.

(2)An application under subsection (1) for variation of registration must include sufficient information for the Secretary to decide whether the registered private health care facility would continue to meet any relevant registration criteria if the variation is approved.

(3) An application for variation of registration must be accompanied by the prescribed fee (if any).

12Decision on application for variation of registration

s. 12

(1)On receiving an application for variation of registration, the Secretary must—

(a)approve the application, whether or not subject to conditions; or

(b)refuse to approve the application.

(2)In making a decision under subsection (1), the Secretary must consider any relevant registration criteria.

13Secretary may vary registration

(1)The Secretary may vary the registration of a registered private health care facility if the Secretary considers that the registration should be varied.

(2)Before exercising a power under subsection (1), the Secretary must give notice to the proprietor of the facility.

(3)After receiving notice under subsection (2), the proprietor may make a submission on, or an objection to, the proposed variation to the Secretary, within 28 days of that notice.

(4)The Secretary must consider any submission or objection received under subsection (3) before making a decision to vary the registration.

14Notification of decision regarding variation of registration by Secretary

s. 14

The Secretary must notify the proprietor of a registered private health care facility of the Secretary's decision to vary the registration—

(a)if no submission or objection is received from the proprietor under section 13(3), within 28 days after giving notice to the proprietor under section 13(2); or

(b)if the proprietor makes a submission or objection in accordance with section 13(3), within 28 days after the Secretary receives the submission or objection.

Division 4—Alterations and extensions

15Application for permission to use altered, renovated or extended clinical area

(1)If a clinical area has undergone any substantial or significant alterations, renovations or extensions the proprietor of the private health care facility must apply to the Secretary for permission to use that clinical area.

(2)An application for permission under subsection (1) must include sufficient information for the Secretary to decide whether the registered private health care facility would continue to meet any relevant registration criteria if the permission is granted.

(3)An application under subsection (1) must be accompanied by the prescribed fee (if any).

16Decision on application to use altered, renovated or extended clinical area

s. 16

(1)On receiving an application for permission to use a clinical area under section 15(1), the Secretary must—

(a)approve the use of the clinical area, whether or not subject to conditions; or

(b)refuse to approve the use of the clinical area.

(2)In making a decision under subsection (1), the Secretary must consider—

(a)any relevant registration criteria; and

(b)the report of any inspection carried out under subsection (3).

(3)Before making a decision under subsection (1), the Secretary may carry out an inspection of the private health care facility to ensure that the requirements of this Act, the regulations and the private health care facility guidelines have been complied with.

(4)The Secretary may be accompanied by any assistants (including contractors) whose expertise is necessary to carry out an effective inspection under subsection (3).

Division 5—Transfer of registration

17Application for transfer of registration

(1)A proprietor of a registered private health care facility who intends to sell the business of the facility to another person must apply to the Secretary to transfer the registration of that facility to the purchaser.

(2)An application for transfer of registration must include sufficient information for the Secretary to decide whether the registered private health care facility would continue to meet any relevant registration criteria if the transfer is approved.

(3)An application for transfer of registration must be accompanied by the prescribed fee (if any).