Private Health Care Facilities Bill 2014 - ocpc.vic.gov.auFILE/571375bi1.docx · Web viewPrivate Health Care Facilities Bill 2014. ... to an approved quality ... be met by private

Private Health Care Facilities Bill 2014

TABLE OF PROVISIONSClause Page

PART 1—PRELIMINARY 1

1 Purposes 12 Commencement 23 Definitions 2

PART 2—APPROVAL AND REGISTRATION 6

Division 1—Registration 6

4 Application for registration 65 Decision on application for registration 66 Secretary may conduct inspection of facility 87 Issue of registration certificate 88 Duration of registration of private health care facility 9

Division 2—Renewal of registration 9

9 Application for renewal of registration 910 Decision on application for renewal of registration 10

Division 3—Variation of registration 10

11 Application by proprietor for variation of registration 1012 Decision on application for variation of registration 1113 Secretary may vary registration 1114 Notification of decision regarding variation of registration by

Secretary 12

Division 4—Alterations and extensions 12

15 Application for permission to use altered, renovated or extended clinical area 12

16 Decision on application to use altered, renovated or extended clinical area 13

Division 5—Transfer of registration 13

17 Application for transfer of registration 1318 Decision on application for transfer of registration 14

PARLIAMENT OF VICTORIA

571375B.I-27/5/2014 BILL LA INTRODUCTION 27/5/20141

5

10

15

20

25

Division 6—Cancellation of registration 14

19 Cancellation of registration on application of proprietor 1420 Cancellation of registration by Secretary 14

Division 7—Changes in directors and officers 15

21 Ceasing to be director or officer of proprietor that is a body corporate 15

22 Application to Secretary required on appointment of new director or officer of body corporate proprietor 15

23 Secretary to decide suitability of new directors and officers 1624 Offence to fail to notify Secretary of conviction for serious

offence 16

Division 8—Approval in principle 17

25 Application for approval in principle 1726 Decision on AIP application 1727 Certificate of approval in principle 1828 Transfer or variation of certificate 18

Division 9—Further offences 19

29 Offence to operate unregistered private health care facility 1930 Offence to provide health or other service that private health

care facility is not registered to provide 1931 Offence to use any altered or renovated clinical area without

approval from the Secretary 19

Division 10—General 20

32 Secretary may impose conditions on registration 2033 Secretary may require further information 2034 Applications withdrawn in certain circumstances 2035 Notification of decisions under this Part 2136 New registration certificate to be issued in certain

circumstances 2137 Approval of quality assurance scheme 22

PART 3—REPORTING AND NOTIFICATIONS 23

38 Annual return 2339 Direction to provide information 2340 Proprietor to give Secretary copies of specified audit reports 2441 Proprietor to give Secretary reports and notices that identify

serious risks to patient safety 2442 Proprietor must notify Secretary of refused or revoked

accreditations 25

5

10

15

20

25

30

35

PART 4—COMPLIANCE 26

Division 1—Compliance notices 26

43 Secretary may issue compliance notice 2644 Content of compliance notice 2645 Proprietor must comply with compliance notice 2746 Effect of issue of compliance notice 27

Division 2—Revocation 28

47 Revocation of registration of private health care facility 28

PART 5—ENFORCEMENT 31

Division 1—Authorised officers 31

48 Secretary may appoint authorised officers 3149 Identity cards 3150 Directions 3251 Production of identity card 32

Division 2—Powers of entry 32

52 Power to enter—monitoring compliance 3253 Entry to unregistered premises 3354 Search warrants—general 34

Division 3—Procedure for entry 34

55 Announcement before exercising power of entry without warrant 34

56 Notice required if power of entry exercised without warrant and without proprietor or occupier being present 35

57 Announcement before entry on warrant 3558 Copy of warrant to be given to occupier 36

Division 4—Powers after entry 36

59 General powers of authorised officers 3660 Power to direct persons to produce documents, operate

equipment or answer questions 3761 Authorised officers to give receipts for seized things and

samples taken 3862 Copies of seized documents 3963 Retention and return of seized documents or things 3964 Magistrates' Court may extend 3 month retention period 4065 Court may order destruction of seized documents or things 4166 Protection against self-incrimination 4267 Police assistance 42

5

10

15

20

25

30

35

Division 5—Offences and complaints 42

68 Offence to obstruct or hinder 4269 Offence to impersonate authorised officer 4270 Complaints 43

PART 6—GENERAL 44

71 Minister may grant exemption from requirements of Act 4472 Power to bring proceedings 4473 False and misleading statements 4574 Damaging or destroying documents etc. 4575 Criminal liability of officers of bodies corporate—accessorial

liability 4576 Offences by firms, partnerships and unincorporated

associations 4677 Service of notices and other documents 4778 Delegation 4879 Review of decisions 4880 Regulations 48

PART 7—SAVINGS AND TRANSITIONAL PROVISIONS 52

81 Interpretation of Legislation Act 1984 5282 Health service establishments under Health Services Act 1988

before commencement 5283 Pre-commencement applications 5284 Pre-commencement approvals 5385 Disciplinary action 5486 Authorised officers 5487 Regulations dealing with transitional matters 55

PART 8—REPEALS AND CONSEQUENTIAL AMENDMENTS 56

Division 1—Health Services Act 1988 56

88 Definitions 5689 Interpretation: health service establishment and day procedure

centre 5690 Principal function of the Secretary 5691 Health service establishments 5792 Confidentiality 5793 Inquiry by Secretary 5794 Powers of authorised officers 5795 Entry to unregistered premises—search warrant 5896 False and misleading statements 5897 Extension of time limit for proceedings for certain offences

and Supreme Court—limitation of jurisdiction—section 126A 58

5

10

15

20

25

30

35

40

98 Regulations 5899 Private hospitals etc. registered under Health Act 1958 and

residential statements 58

Division 2—Other Acts 59

100 Abortion Law Reform Act 2008 59101 Cancer Act 1958 59102 Coroners Act 2008 60103 Control of Weapons Act 1990 60104 Drugs, Poisons and Controlled Substances Act 1981 61105 Firearms Act 1996 61106 Liquor Control Reform Act 1998 62107 Mental Health Act 2014 62108 Pharmacy Regulation Act 2010 62109 Public Health and Wellbeing Act 2008 63110 Residential Tenancies Act 1997 64111 Sentencing Act 1991 64112 Sex Work Act 1994 65113 Transport Accident Act 1986 65114 Workers Compensation Act 1958 65115 Workplace Injury Rehabilitation and Compensation

Act 2013 66116 Repeal of amending Part 66

═══════════════

ENDNOTES 67

5

10

15

20

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.

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1 Purposes

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

Introduced in the Assembly



PARLIAMENT OF VICTORIA

5

10

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

2 Commencement

(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.

3 Definitions

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

Clause Page


s. 2

5

10

15

20

25

30

(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

(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;

Clause Page


s. 3

5

10

15

20

25

30

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

(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;

Clause Page


s. 3

5

10

15

20

25

30

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

__________________

Clause Page


s. 3

PART 2—APPROVAL AND REGISTRATION

Division 1—Registration

4 Application for registration

(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).

5 Decision 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;

s. 4Part 5—Enforcement



5

10

15

20

25

30

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;

(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.




5

10

15

20

25

30

6 Secretary may conduct inspection of facility

(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).

7 Issue 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.




5

10

15

20

25

8 Duration of registration of private health care facility

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

9 Application 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).




5

10

15

20

25

30

10 Decision on application for renewal of registration

(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

11 Application 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—




5

10

15

20

25

30

(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).

12 Decision on application for variation of registration

(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.

13 Secretary 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.




5

10

15

20

25

30

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

14 Notification of decision regarding variation of registration by Secretary

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

15 Application 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).




5

10

15

20

25

30

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

(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

17 Application 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




5

10

15

20

25

30

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).

18 Decision on application for transfer of registration

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

(a) approve the transfer of registration, whether or not subject to conditions; or

(b) refuse to approve the transfer of registration.

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

Division 6—Cancellation of registration

19 Cancellation of registration on application of proprietor

(1) A proprietor of a registered private health care facility may apply to the Secretary to cancel the registration of the facility.

(2) On receiving an application for cancellation of registration, the Secretary must cancel the registration of the private health care facility.

20 Cancellation of registration by Secretary

(1) If the Secretary is satisfied that a registered private health care facility is no longer providing health services, the Secretary must give notice to the proprietor of the facility—

(a) that the Secretary intends to cancel the registration of that facility at the end of a period of not less than 28 days specified in the notice; and




5

10

15

20

25

30

(b) that the Secretary will consider any written submission from the proprietor about the intended cancellation that is provided to the Secretary within 28 days of the date of the notice.

(2) After considering any submissions made by the proprietor in accordance with subsection (1)(b), or if no submissions are received, the Secretary must—

(a) decide whether or not to cancel the registration of the private health care facility; and

(b) give notice in writing of the decision to the proprietor of the private health care facility.

Division 7—Changes in directors and officers

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

If a person ceases to be a director or other officer of a proprietor of a registered private health care facility that is a body corporate, the proprietor must notify the Secretary of that fact within 30 days of that person ceasing to be a director or officer.

Penalty: 60 penalty units.

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

(1) If a person is appointed as a director or other officer of the proprietor of a registered private health care facility that is a body corporate, the proprietor must apply to the Secretary within 7 days of the appointment for approval of that person as a fit and proper person to carry on, exercise control over or manage a private health care facility.




5

10

15

20

25

30

35

(2) An application under subsection (1) must include sufficient information to enable the Secretary to assess whether the person is a fit and proper person to carry on, exercise control over or manage a private health care facility.

23 Secretary to decide suitability of new directors and officers

On receiving an application under section 22(1), the Secretary must—

(a) decide that the person is a fit and proper person to carry on, exercise control over or manage a private health care facility; or

(b) decide that the person is not a fit and proper person to carry on, exercise control over or manage a private health care facility.

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

A proprietor of a registered private health care facility that is a body corporate must notify the Secretary if any director or other officer of that body corporate is convicted of an offence, whether committed in or outside Victoria—

(a) involving drug trafficking or violence that would be punishable by imprisonment for 3 months or more if committed in Victoria; or

(b) involving dishonesty or fraud.





5

10

15

20

25

Division 8—Approval in principle

25 Application for approval in principle

(1) A person may apply to the Secretary for approval in principle of—

(a) the use of particular premises as a private health care facility; or

(b) premises proposed to be constructed for use as a private health care facility; or

(c) alterations or extensions to premises used or proposed to be used as a private health care facility.

(2) An application under subsection (1)—

(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).

26 Decision on AIP application

(1) On receiving an AIP application, 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 the following—

(a) the private health care facility guidelines;

(b) whether any relevant planning permits have been issued;




5

10

15

20

25

(c) whether the design of the premises to be constructed is generally satisfactory, having regard to the type of health services to be provided at the premises;

(d) any other prescribed requirements.

(3) The Secretary must refuse an application under section 25(1)(c) if, in the opinion of the Secretary, there is a demonstrated non-compliance with this Act or the regulations.

27 Certificate of approval in principle

If the Secretary approves an AIP application, the Secretary must issue a certificate of approval in principle stating the following—

(a) the name of the person to whom the certificate is issued;

(b) the kind of private health care facility for which approval is granted;

(c) any conditions to which the approval is subject;

(d) the period of time, being not more than 3 years, for which the approval is to be in force.

28 Transfer or variation of certificate

(1) A person who is the holder for the time being of a certificate of approval in principle may apply to the Secretary to vary the certificate or any condition to which it is subject, including the transfer of the certificate to another person.

(2) Sections 25 and 26 apply to an application under subsection (1) as if that application were an AIP application.




5

10

15

20

25

30

Division 9—Further offences

29 Offence to operate unregistered private health care facility

A person must not operate a private health care facility if the private health care facility is not registered under this Act.

Penalty: 240 penalty units in the case of a natural person;

1200 penalty units in the case of a body corporate.

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

A proprietor of a private health care facility must not offer or provide a health service or other service that the private health care facility is not registered to provide.



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

A proprietor who makes any substantial or significant alterations, renovations or extensions to a clinical area must not use the altered, renovated or extended clinical area unless the Secretary has given the proprietor permission to do so.

Penalty:120 penalty units in the case of a natural person;





5

10

15

20

25

30

Division 10—General

32 Secretary may impose conditions on registration

(1) The Secretary may impose any condition on the registration of a private health care facility that the Secretary considers appropriate.

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

(3) After receiving notice under subsection (2), the proprietor may make a submission on, or an objection to, the proposed condition 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 impose any condition on the registration of the private health care facility.

33 Secretary may require further information

(1) The Secretary may request any applicant under this Part to provide any further information in relation to the relevant application that the Secretary requires in order to make a decision on the application.

(2) An applicant must provide any information requested by the Secretary under subsection (1) by the date stated in the request.

34 Applications withdrawn in certain circumstances

(1) In respect of any application under this Part, the applicant may give notice in writing to the Secretary requiring that a decision be made if—

(a) the Secretary has made 2 or more requests for further information; and




5

10

15

20

25

30

(b) not less than 28 days have elapsed since the last request referred to in paragraph (a).

(2) If—

(a) the Secretary has made 2 or more requests for further information; and

(b) the applicant has failed to provide the requested information within 28 days after the last request referred to in paragraph (a); and

(c) the applicant has not given notice to the Secretary under subsection (1)—

the Secretary may give notice in writing to the applicant requiring that the requests be complied within 14 days after the date of the notice or the application will be taken to have been withdrawn.

(3) An application under this Part is taken to be withdrawn if an applicant fails to comply with a request for further information within 14 days of the date of a notice given under subsection (2).

35 Notification of decisions under this Part

The Secretary must notify the applicant of the Secretary's decision on an application under this Part within the later of—

(a) 60 days after receiving the application; or

(b) if the Secretary has requested the applicant to provide further information under this Division, 28 days after the information last requested is given to the Secretary.

36 New registration certificate to be issued in certain circumstances

If the Secretary makes a decision under this Part that has the effect of altering the information contained in a registration certificate, the Secretary must issue to the proprietor of the




5

10

15

20

25

30

private health care facility a new registration certificate that reflects those changes.

Note

This includes a renewal of registration.

37 Approval of quality assurance scheme

The Secretary, by notice published in the Government Gazette, may declare a quality assurance scheme as an approved quality assurance scheme for the purposes of this Act.

__________________




5

PART 3—REPORTING AND NOTIFICATIONS

38 Annual return

A proprietor of a registered private health care facility must give the Secretary an annual return containing the prescribed details in respect of the facility within 30 days of the end of each financial year (or part of a financial year) that the facility has been operating.



39 Direction to provide information

(1) The Secretary may direct the proprietor of a registered private health care facility to provide any specified information to enable the Secretary to ensure that this Act is being complied with.

(2) A direction under subsection (1) must—

(a) be in writing; and

(b) detail the specific information that is required and why the information is required; and

(c) state the date (being not less than 7 days from the date the direction is given) by which the proprietor must comply with the direction.

(3) The proprietor of a registered private health care facility must comply with a direction of the Secretary under subsection (1) by the date specified in the direction.




5

10

15

20

25

30



40 Proprietor to give Secretary copies of specified audit reports

If the Secretary requests the proprietor of a registered private health care facility to give to the Secretary a copy of each specified audit report by an approved quality assurance scheme in respect of that facility, the proprietor must do so within the time (being not less than 7 days) stated in the request.



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

(1) If the proprietor of a registered private health care facility receives any notice from an approved quality assurance scheme that there is a serious risk to patients at that facility, the proprietor must inform the Secretary within 24 hours of being so notified.



(2) The proprietor of a registered private health care facility must give to the Secretary a copy of every report by an auditor that identifies a serious risk to patient safety at the facility within 7 days after the report is received by the proprietor.




5

10

15

20

25

30



(3) In this section, serious risk means that there is a high probability of a substantial and demonstrable adverse impact.

42 Proprietor must notify Secretary of refused or revoked accreditations

(1) If a private health care facility applies for accreditation or certification under an approved quality assurance scheme and that accreditation or certification is refused, the proprietor of the private health care facility must give notice of that refusal to the Secretary within 24 hours of being notified of the refusal.



(2) If an accreditation or certification of a private health care facility under an approved quality assurance scheme is revoked, the proprietor of the private health care facility must give notice of that revocation to the Secretary within 24 hours of being notified of the revocation.



__________________




5

10

15

20

25

30

PART 4—COMPLIANCE

Division 1—Compliance notices

43 Secretary may issue compliance notice

The Secretary may issue a compliance notice to a proprietor of a registered private health care facility requiring the proprietor to remedy a matter specified in the compliance notice if the Secretary believes on reasonable grounds that the proprietor has contravened or is contravening a provision of this Act or the regulations.

44 Content of compliance notice

(1) A compliance notice must—

(a) state the grounds on which it is issued; and

(b) specify the provision of this Act or the regulations that the Secretary believes has been or is being contravened; and

(c) specify a date by which the proprietor is required to comply with the compliance notice and remedy the contravention or the matters or activities causing the contravention; and

(d) state the actions or measures that the proprietor is required to take in order to comply with the provision being contravened; and

(e) state the maximum penalty for contravening the compliance notice; and

(f) specify the effect of the compliance notice on any proceedings; and

(g) state that the proprietor may seek review of the decision to issue the compliance notice or any of its terms at VCAT.




5

10

15

20

25

30

(2) A compliance notice must be in writing.

45 Proprietor must comply with compliance notice

(1) A proprietor of a registered private health care facility to whom a compliance notice that specifies a contravention of a provision of this Act is issued must comply with the compliance notice.



(2) A proprietor of a registered private health care facility to whom a compliance notice that specifies a contravention of a provision of the regulations, but not a provision of this Act, is issued must comply with the compliance notice.


46 Effect of issue of compliance notice

(1) The issue of a compliance notice does not prevent or affect any other proceeding for an offence against this Act or the regulations in any matter in respect of which the compliance notice was issued.

(2) If a proprietor fulfils all the requirements of a compliance notice, at the expiry of the compliance notice, no proceeding may be brought for the offence against this Act or the regulations constituted by the contravention or alleged contravention to which that compliance notice relates.

(3) If a proprietor partially complies with a compliance notice, at the expiry of the compliance notice, no proceeding may be brought for the offence against this Act or the regulations constituted by the contravention or alleged contravention to which that part of the compliance




5

10

15

20

25

30

35

notice related so far as that compliance notice has been partially fulfilled.

Division 2—Revocation

47 Revocation of registration of private health care facility

(1) If the Secretary is satisfied that at least one of the following applies in respect of a registered private health care facility, the Secretary may revoke the registration of the private health care facility in accordance with this section—

(a) the proprietor has failed to conduct the private health care facility in accordance with this Act, the regulations or any condition of registration;

(b) the proprietor is not likely to continue to conduct the private health care facility in accordance with this Act, the regulations or any condition of registration;

(c) the proprietor has been convicted of an offence against this Act, the Health Services Act 1988 or the regulations made under either Act;

(d) in the case of a proprietor who is a natural person, the proprietor has ceased to be a fit and proper person to carry on, exercise control over or manage a private health care facility;

(e) in the case of a proprietor that is a body corporate, any director or other officer of the body corporate has ceased to be, or is not, a fit and proper person to carry on, exercise control over or manage a private health care facility.




5

10

15

20

25

30

(2) If subsection (1) applies, the Secretary may give notice in writing to the proprietor—

(a) revoking the registration on the expiration of 28 days after the day on which the notice is given; or

(b) stating the Secretary's intention to revoke the registration unless satisfactory arrangements are made to remedy any failure to comply, or to be able to continue to comply, with this Act, the regulations or any conditions of registration within the period (being not less than 28 days) specified in the notice.

(3) In determining whether to give a notice under subsection (2), the Secretary must consider the following—

(a) the conduct of the proprietor;

(b) the seriousness of any contraventions of this Act, the regulations or any conditions applying to registration;

(c) the seriousness of any failure to comply with any compliance notice;

(d) in the case of repeated contraventions in relation to a matter referred to in paragraph (b) or (c)—

(i) the number of contraventions; and

(ii) whether any of the contraventions could have been avoided by the exercise of reasonable care;

(e) any relevant report of an authorised officer, surveyor or quality assurance risk assessor in relation to the private health care facility;

(f) any circumstances that may prevent the proprietor from being able to continue to carry on, exercise control over or manage a




5

10

15

20

25

30

private health care facility in accordance with this Act, the regulations and any conditions of registration.

__________________




PART 5—ENFORCEMENT

Division 1—Authorised officers

48 Secretary may appoint authorised officers

(1) Subject to subsection (2), the Secretary, by instrument, may appoint a person employed under Part 3 of the Public Administration Act 2004 to be an authorised officer for the purposes of this Act.

(2) The Secretary must not appoint a person to be an authorised officer unless the Secretary is satisfied that the person is suitably qualified or trained to be an authorised officer for the purposes of this Act.

(3) An appointment of a person as an authorised officer may—

(a) specify the functions, duties or powers under this Act or the regulations in respect of which that person is an authorised officer; and

(b) be made subject to any conditions that the Secretary considers appropriate.

49 Identity cards

(1) The Secretary must issue an identity card to each authorised officer.

(2) An identity card issued to an authorised officer must—

(a) include a photograph of the authorised officer; and

(b) be signed by the authorised officer; and

(c) be signed by the Secretary.




5

10

15

20

25

30

50 Directions

(1) The Secretary may give a direction to an authorised officer in relation to—

(a) the performance of the authorised officer's functions or duties; or

(b) the exercise of the authorised officer's powers under this Act or the regulations.

(2) A direction given under subsection (1)—

(a) may be of a general nature; or

(b) may specify that the direction relates to a specific matter or specified class of matter.

51 Production of identity card

(1) An authorised officer must produce the authorised officer's identity card for inspection before exercising a power under this Act or the regulations.

(2) An authorised officer must produce the authorised officer's identity card for inspection if asked to do so by the occupier of any premises during the exercise of a power under this Act or the regulations.

(3) If an authorised officer does not comply with a request under subsection (2), the authorised officer must immediately cease exercising the power under this Act and the regulations.

Division 2—Powers of entry

52 Power to enter—monitoring compliance

An authorised officer may enter, at any time, without a warrant and with any assistants reasonably required, any premises that an




5

10

15

20

25

30

authorised officer believes is a registered private health care facility for the purposes of—

(a) monitoring compliance with this Act or the regulations; or

(b) investigating a possible contravention of this Act or the regulations.

53 Entry to unregistered premises

(1) An authorised officer may apply to a magistrate for the issue of a search warrant in relation to particular premises if the authorised officer believes on reasonable grounds that a person is carrying on business at those premises as a private health care facility in contravention of section 29.

(2) A magistrate may issue a search warrant if the magistrate is satisfied by evidence on oath, whether oral or by affidavit, that there are reasonable grounds for suspecting that a person is carrying on business at the premises as a private health care facility in contravention of section 29.

(3) A search warrant issued under this section must—

(a) be directed to a named authorised officer; and

(b) authorise the authorised officer, and any assistants the authorised officer reasonably requires, to enter the premises, or the part of the premises, named or described in the warrant to search for any article, thing or material of a kind named or described in the warrant which there is reasonable grounds to believe will afford evidence as to the commission of an offence against section 29.

(4) In addition to any other requirement, a search warrant issued under this section must state the following—

(a) the offence suspected;




5

10

15

20

25

30

35

(b) the premises to be searched;

(c) any conditions to which the warrant is subject;

(d) whether entry is authorised to be made at any time of the day or night or during specified hours;

(e) that the warrant authorises entry on only one occasion;

(f) a day, not later than 7 days after the warrant is issued, on which it ceases to have effect.

54 Search warrants—general

(1) Subject to subsection (3), a search warrant issued under this Division must be issued in accordance with the Magistrates' Court Act 1989 and in the form prescribed under that Act.

(2) The rules that apply to search warrants under the Magistrates' Court Act 1989 extend and apply to search warrants under this Division.

(3) Despite section 78 of the Magistrates' Court Act 1989, a search warrant must not authorise an authorised officer to arrest a person.

Division 3—Procedure for entry

55 Announcement before exercising power of entry without warrant

Before entering any premises in the exercise of a power under this Act or the regulations, an authorised officer must—

(a) announce that he or she is an authorised officer who is authorised under this Act to enter the premises; and

(b) give any person at the premises a reasonable opportunity to allow entry to the premises.




5

10

15

20

25

30

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

If an authorised officer exercises a power of entry under this Act without the proprietor or occupier being present, the authorised officer, on departing the premises, must leave a notice setting out the following—

(a) the time of entry;

(b) the purpose of entry;

(c) a description of all things done while on the premises;

(d) the time of departure;

(e) the procedure for contacting the Secretary for further details of the entry.

57 Announcement before entry on warrant

(1) Subject to subsection (2), before executing a search warrant, the authorised officer named in the warrant, or a person assisting the authorised officer, must—

(a) announce that he or she is authorised by a warrant issued under this Act to enter the premises; and

(b) give any person at the premises an opportunity to allow that entry.

(2) Subject to any terms or conditions in the warrant, an authorised officer, or person assisting the authorised officer, need not comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is needed to ensure—




5

10

15

20

25

30

(a) the health or safety of any person; or

(b) that the effective execution of the warrant is not frustrated.

58 Copy of warrant to be given to occupier

If an occupier or apparent occupier is present at the premises when a search warrant is being executed, an authorised officer executing the warrant must—

(a) produce the authorised officer's identity card to that person for inspection; and

(b) give that person a copy of the execution copy of the warrant.

Division 4—Powers after entry

59 General powers of authorised officers

(1) An authorised officer who enters any premises under the powers conferred by this Act or under a warrant may do any of the following—

(a) inspect, examine or make enquiries at the premises;

(b) examine or inspect any thing (including a document or part of a document) at the premises;

(c) bring any equipment or materials to the premises that may be required;

(d) seize any thing (including a document or part of a document) at the premises if the authorised officer believes on reasonable grounds that—

(i) the seizure is required to determine whether there has been a contravention of this Act or the regulations; or




5

10

15

20

25

30

(ii) the seized thing may be used as evidence in a possible prosecution for a contravention of this Act or the regulations; or

(iii) the seizure is required to minimise a risk to the health or safety of any person; or

(iv) it is necessary to seize the thing in order to prevent its concealment, loss or destruction;

(e) take a sample of, or from, any thing at the premises for examination, analysis, measurement or testing;

(f) analyse, measure or test any thing at the premises with equipment brought to the premises or already at the premises;

(g) take any photographs or make any audio or visual recordings at the premises;

(h) make copies of, or take extracts from, any document kept at the premises;

(i) use or test any equipment at the premises;

(j) do any other thing that is reasonably necessary for the purpose of the authorised officer performing or exercising the authorised officer's functions or powers under this Act or the regulations.

(2) In doing any thing referred to in subsection (1), an authorised officer may be assisted by any person.

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

(1) An authorised officer who enters any premises under section 52 may direct a person at the premises to do any of the following—




5

10

15

20

25

30

(a) produce a document or part of a document located at the premises that is in the person's possession or control;

(b) operate equipment to access information from that equipment;

(c) answer any questions put by the authorised officer.

(2) A person must not contravene a direction under subsection (1) without a reasonable excuse.


(3) Before directing a person to produce a document or part of a document or to answer questions under subsection (1), an authorised officer must—

(a) warn the person that a refusal or failure to comply with the direction, without reasonable excuse, is an offence; and

(b) inform the person that the person may refuse or fail to answer any question if answering the question would tend to incriminate the person.

(4) A person is not liable to be prosecuted for an offence against subsection (2) if the authorised officer concerned fails to comply with section 51 and subsection (3).

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

(1) If an authorised officer seizes a thing, or takes a sample of, or from, a thing at any premises under this Division, the authorised officer must give a receipt in the prescribed form for the thing or sample to the person in charge of the thing or the premises from which it was taken.




5

10

15

20

25

30

(2) If for any reason it is not practicable for an authorised officer to comply with subsection (1), the authorised officer may—

(a) leave the receipt at the premises in a conspicuous position and in a reasonably secure way; or

(b) send the receipt to the occupier of the premises from which the thing was seized or the sample was taken.

62 Copies of seized documents

If an authorised officer retains possession of a document seized from a person under this Division, within 21 days of the seizure the authorised officer must give the person a copy of the document certified as correct by the authorised officer.

63 Retention and return of seized documents or things

(1) If an authorised officer seizes a document or other thing under this Division, the authorised officer must take reasonable steps to return the document or thing to its owner or the person from whom it was seized if the reason for its seizure no longer exists.

(2) If the document or thing seized has not been returned within 3 months after it was seized, the authorised officer must take reasonable steps to return it unless—

(a) proceedings for the purpose for which the document or thing was seized have commenced within that 3 month period and those proceedings (including any appeal) have not been completed; or




5

10

15

20

25

30

(b) the Magistrates' Court makes an order under section 64 extending the period during which the seized document or thing may be retained.

64 Magistrates' Court may extend 3 month retention period

(1) An authorised officer may apply to the Magistrates' Court for an extension of the period for which the authorised officer may retain a document or thing seized under this Division—

(a) within 3 months after the seizure; or

(b) if an extension has been granted under this section, before the end of the period of the extension.

(2) The Magistrates' Court may order an extension (not exceeding 3 months) of the period during which a seized document or thing may be retained if it is satisfied—

(a) that retention of the document or thing is necessary in the interests of justice; and

(b) that the total period of retention does not exceed 12 months; and

(c) that retention of the document or other thing is necessary—

(i) for the purposes of an investigation into whether a contravention of this Act or the regulations has occurred; or

(ii) to enable evidence of a contravention of this Act or the regulations to be obtained for the purposes of a proceeding under this Act.

(3) At least 7 days before the hearing of an application under this section, notice of the application must be sent to—




5

10

15

20

25

30

(a) the owner of the document or thing described in the application; or

(b) the person from whom the document or other thing described in the application was seized.

65 Court may order destruction of seized documents or things

(1) The Secretary may apply to a court for an order permitting destruction of a document or other thing seized by an authorised officer under this Division if—

(a) the authorised officer is not able to return it to its owner or the person from whom it was seized, after taking reasonable steps to do so in accordance with section 63; or

(b) the thing is dangerous.

(2) On an application under subsection (1), a court may make—

(a) an order permitting the destruction of a document or other thing if satisfied that it is appropriate to do so; and

(b) any other order that it considers to be appropriate, including, but not limited to, an order relating to the payment by the owner of the document or other thing of the costs of, and any costs incidental to, the destruction of the document or other thing.

(3) At least 7 days before the hearing of an application under this section, notice of the application must be sent to—

(a) the owner of the document or other thing described in the application; or

(b) the person from whom the document or other thing described in the application was seized.




5

10

15

20

25

30

66 Protection against self-incrimination

(1) Subject to subsection (2), a natural person may refuse or fail to give information or do any other thing that the person is required to do by or under this Act or the regulations if giving the information or doing the other thing would tend to incriminate the person.

(2) Subsection (1) does not apply to—

(a) the production of a document or part of a document that the person is required by this Act or the regulations to produce; or

(b) the giving of a person's name or address in accordance with this Act or the regulations.

67 Police assistance

On the request of an authorised officer, a police officer may assist the authorised officer in the performance of the duties of the authorised officer.

Division 5—Offences and complaints

68 Offence to obstruct or hinder

A person must not, without reasonable excuse, obstruct or hinder an authorised officer who is exercising a power under this Act or the regulations.


69 Offence to impersonate authorised officer

A person who is not an authorised officer must not impersonate, or in any other way purport to be, an authorised officer.





5

10

15

20

25

30

70 Complaints

(1) Any person may complain to the Secretary about the exercise of a power by an authorised officer under this Act or the regulations.

(2) A complaint to the Secretary under subsection (1) may be made—

(a) in writing; or

(b) in any other form approved by the Secretary.

(3) The Secretary must—

(a) investigate any complaint made to the Secretary under subsection (1); and

(b) provide a written report to the complainant on the results of the investigation.

__________________




5

10

PART 6—GENERAL

71 Minister may grant exemption from requirements of Act

(1) The Minister may exempt a private health care facility from any or all provisions of this Act or the regulations if the Minister reasonably believes that granting the exemption would not adversely affect the health or safety of patients.

(2) An exemption granted under subsection (1)—

(a) must be in writing and be published in the Government Gazette; and

(b) must specify the provisions of this Act or the regulations from which the facility is exempted; and

(c) may specify a period for which the exemption is to apply; and

(d) may be subject to any condition that the Minister considers to be appropriate for the purposes of protecting the health or safety of patients.

(3) The Minister, at any time by notice in writing to the proprietor of the private health care facility, may vary, suspend or revoke an exemption granted under subsection (1) in respect of the facility if the Minister is satisfied that—

(a) the health or safety of patients is being adversely affected; or

(b) the proprietor of the facility has contravened a condition specified under subsection (2)(d).

72 Power to bring proceedings

(1) The Secretary, an authorised officer or a police officer may bring a proceeding for an offence against this Act or the regulations.




5

10

15

20

25

30

(2) In any proceeding for an offence against this Act or the regulations, in the absence of evidence to the contrary, it must be presumed that the person bringing the proceeding is authorised to bring the proceeding.

73 False and misleading statements

(1) A person must not, in purported compliance with this Act or the regulations, knowingly give information or make a statement that is false or misleading in a material particular.

Penalty:60 penalty units.

(2) A person must not knowingly make a false or misleading entry in a document required by this Act or the regulations to be kept by or in relation to a registered private health care facility.


74 Damaging or destroying documents etc.

A person must not, without lawful authority, destroy or damage any notice or document given, prepared or kept in accordance with this Act.


75 Criminal liability of officers of bodies corporate—accessorial liability

(1) If a body corporate commits an offence against this Act or the regulations, an officer of the body corporate also commits an offence against the provision if the officer—

(a) authorised or permitted the commission of the offence by the body corporate; or

(b) was knowingly concerned in any way (whether by act or omission) in the commission of the offence by the body corporate.




5

10

15

20

25

30

(2) Without limiting any other defence available to the officer, an officer of a body corporate may rely on a defence that would be available to the body corporate if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the body corporate would bear.

(3) An officer of a body corporate may commit an offence against this Act or the regulations whether or not the body corporate has been prosecuted for, or found guilty of, that offence.

(4) In this section—

body corporate has the same meaning as corporation has in section 57A of the Corporations Act.

(5) This section does not affect the operation of section 323 or 324 of the Crimes Act 1958 or section 52 of the Magistrates' Court Act 1989.

76 Offences by firms, partnerships and unincorporated associations

If this Act or the regulations provide that a person, being a firm, partnership or an unincorporated association, is guilty of an offence, that reference to the person—

(a) in the case of a partnership, is to be read as a reference to each member of the partnership; and

(b) in the case of any other unincorporated body, is to be read as a reference to each member of the committee of management of the body.




5

10

15

20

25

30

77 Service of notices and other documents

(1) Any notice or other document under this Act or the regulations required or authorised to be given to, or served on, any person may be given or served by—

(a) giving it to, or serving it personally on, the person; or

(b) sending it by post or electronic communication to the person at that person's usual or last known place of residence or business; or

(c) leaving it at the person's usual or last known place of residence with a person on the premises who is apparently at least 16 years old; or

(d) leaving it at the person's usual or last known place of business with a person who is apparently employed at the premises and who is apparently at least 16 years old.

(2) Any notice or other document required to be given to or served on a proprietor of a private health care facility may if the name of the proprietor is not known be addressed to the proprietor by the description of "the proprietor".

(3) If there is more than one proprietor of a private health care facility, it is sufficient if the notice or other document is served on any one of them and the name of any one of them is specified with the addition of the words "and others".

(4) This section is in addition to, and not in derogation from, sections 109X and 601CX of the Corporations Act.




5

10

15

20

25

30

78 Delegation

(1) The Secretary, by instrument, may delegate any power, function or duty of the Secretary under this Act or the regulations to any person or class of persons employed under Part 3 of the Public Administration Act 2004 other than this power of delegation.

(2) A delegation under subsection (1) may be made—

(a) in relation to a person or class of persons specified in the instrument of delegation; or

(b) in relation to the holder, or the holder from time to time, of an office specified, or of each office in a class of offices specified, in the instrument of delegation.

79 Review of decisions

(1) A person whose interests are affected by any decision by the Minister or the Secretary under this Act or the regulations may apply to VCAT for review of the decision.

(2) An application for review must be made within 28 days after the later of—

(a) the day on which the decision is made; or

(b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.

80 Regulations

(1) The Governor in Council may make regulations for or with respect to prescribing the following matters—




5

10

15

20

25

30

(a) the kind or kinds of care that may be provided to persons in private health care facilities;

(b) the standards of care to be met by private health care facilities and requirements to be complied with for the welfare of persons accommodated in or receiving health care or other services from private health care facilities, including but not limited to matters of personal hygiene, cleanliness, nutrition, comfort, safety, privacy and respectful treatment;

(c) requirements for staffing of private health care facilities, including but not limited to the following—

(i) appointments;

(ii) numbers;

(iii) required qualifications;

(iv) ongoing training, rostering and staffing arrangements;

(d) requirements for the provision and maintenance of facilities, equipment, furnishings and fittings in private health care facilities;

(e) prescribing records to be kept or maintained by private health care facilities, including—

(i) the form of records;

(ii) the time when or period within which entries are to be made in the records;

(iii) the period for which, and the manner in which, records are to be retained;

(f) penalties not exceeding 20 penalty units for a contravention of the regulations;




5

10

15

20

25

30

(g) any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

(2) The regulations—

(a) may be of general or limited application;

(b) may differ according to differences in time, place or circumstances;

(c) may make different provision for different classes of private health care facility;

(d) may require matters affected by the regulations to be—

(i) in accordance with specified standards or specified requirements; or

(ii) approved by, or to the satisfaction of, a specified person or body or a specified class of persons or bodies; or

(iii) as specified in both subparagraphs (i) and (ii);

(e) may apply, adopt or incorporate any matter contained in any document, standard or code whether—

(i) wholly or partially or as amended by the regulations; or

(ii) as in force at a particular time or as amended from time to time;

(f) may confer a discretionary authority or impose a duty on a specified person or body or class of persons or bodies;

(g) may provide in a specified case or class of cases for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations—




5

10

15

20

25

30

(i) whether unconditionally or on specified conditions; and

(ii) either wholly or to such an extent as is specified.

__________________




PART 7—SAVINGS AND TRANSITIONAL PROVISIONS

81 Interpretation of Legislation Act 1984

Nothing in this Part affects or limits the operation of the Interpretation of Legislation Act 1984 unless the contrary intention appears.

82 Health service establishments under Health Services Act 1988 before commencement

(1) A health service establishment registered under Part 4 of the Health Services Act 1988 immediately before the commencement of section 4 of this Act is taken, on and from that commencement, to be a registered private health care facility under this Act.

(2) On and from the commencement of section 4, any conditions of registration and any other particulars of registration of a health service establishment under Part 4 of the Health Services Act 1988 as in force immediately before that commencement are taken to be the particulars applying to the registration of the private health care facility under this Act.

83 Pre-commencement applications

(1) An application for registration under section 82 or an application for variation under section 92 of the Health Services Act 1988 that is made before the commencement of section 4 of this Act in respect of which no decision has been made before that commencement is taken, on and from that commencement—

(a) to be an application for registration or an application for variation of registration, as the case requires, under this Act; and

(b) must be decided in accordance with this Act.




5

10

15

20

25

30

(2) An application for renewal of the registration of a private health care facility under section 88 of the Health Services Act 1988 that is made before the commencement of section 9 of this Act in respect of which no decision has been made before that commencement, or to which section 88(5) of that Act applies, on and from the commencement of section 9—

(a) must be decided in accordance with the applicable provisions of the Health Services Act 1988 as if those provisions had not been repealed; and

(b) without limiting section 81, on and from that renewal, is taken to be a registered private health care facility under this Act.

(3) An application for an approval in principle under Division 1 of Part 4 of the Health Services Act 1988 that is made before the commencement of section 25 of this Act in respect of which no decision has been made before that commencement must, on and from that date, be decided in accordance with the applicable provisions of the Health Services Act 1988 as if those provisions had not been repealed.

84 Pre-commencement approvals

(1) Subject to subsection (2), a certificate of approval in principle issued under section 73 of the Health Services Act 1988 before the commencement of section 25 of this Act is taken, on and from that commencement, to be a certificate of approval in principle under this Act and may be transferred or varied in accordance with the applicable provisions of Division 8 of Part 2.

(2) If any works that are undertaken pursuant to a certificate of approval in principle issued under section 73 of the Health Services Act 1988 are




5

10

15

20

25

30

35

completed on or after the commencement of section 25 of this Act, those works are taken to have been completed in accordance with a certificate of approval in principle under this Act provided that the works were completed in accordance with Division 1 of Part 4 of the Health Services Act 1988 as in force immediately before its repeal.

85 Disciplinary action

The Secretary may exercise any of the Secretary's powers under Part 4 of this Act in respect of any act or omission of the proprietor of a private health care facility before, on or after the commencement of section 43 of this Act.

86 Authorised officers

(1) On and from the commencement of section 48 of this Act, an authorised officer appointed under the Health Services Act 1988 in relation to Part 4 of that Act whose appointment is in force immediately before that commencement, is taken without further appointment to be an authorised officer appointed under this Act—

(a) with the functions, duties and powers set out in this Act; and

(b) for a period corresponding to the remaining period of that person's appointment as an authorised officer under the Health Services Act 1988 in relation to Part 4 of that Act.

(2) An identity card issued to an authorised officer to whom subsection (1) applies is taken, on and from the commencement of section 49 of this Act, to be an identity card issued under this Act until an identity card under this Act is issued to the authorised officer.




5

10

15

20

25

30

87 Regulations dealing with transitional matters

(1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of this Act, including the repeals and amendments made by this Act.

(2) Regulations made under this section may—

(a) have a retrospective effect to a day on or from the date that this Act receives the Royal Assent;

(b) be of limited or general application;

(c) leave any matter or thing to be decided by a specified person or class of person;

(d) provide for the exemption of persons or things or a class of persons or things from any of the regulations made under this section.

(3) Regulations under this section have effect despite anything to the contrary—

(a) in any Act (other than this Act or the Charter of Human Rights and Responsibilities Act 2006); or

(b) in any subordinate instrument.

(4) This section is repealed on the second anniversary of the day on which it comes into operation.

__________________




5

10

15

20

25

PART 8—REPEALS AND CONSEQUENTIAL AMENDMENTS

Division 1—Health Services Act 1988

88 Definitionss. 88

See:Act No.49/1988.Reprint No. 14as at1 May 2013 and amending Act Nos 17/2014, 22/2014 and 26/2014.LawToday:www.legislation.vic.gov.au

(1) In section 3(1) of the Health Services Act 1988—

(a) in the definition of by-law—

(i) in subparagraphs (i) and (ii) omit "health service establishment or";

(ii) in subparagraph (ii), for "the establishment or" substitute "the";

(b) the definition of day procedure centre is repealed;

(c) in paragraph (a) of the definition of health or related service, for "health service establishment" substitute "private health care facility";

(d) the definitions of health service establishment, private hospital and proprietor are repealed;

(e) insert the following definition—

"private health care facility has the same meaning as in the Private Health Care Facilities Act 2014;".

(2) In section 3(2) of the Health Services Act 1988, for "Department of Human Services" substitute

Part 5—Enforcement



5

10

15

20

25

"Department of Health".

89 Interpretation: health service establishment and day procedure centre

Sections 4 and 5 of the Health Services Act 1988 are repealed.

90 Principal function of the Secretary

In section 11A(d) of the Health Services Act 1988 omit "and health service establishments".

91 Health service establishments

Part 4 of the Health Services Act 1988 is repealed.

92 Confidentiality

Paragraphs (b) and (d) of the definition of relevant health service in section 141(1) of the Health Services Act 1988 are repealed.

93 Inquiry by Secretary

In section 144(2) of the Health Services Act 1988—

(a) in paragraph (b)—

(i) omit "or health service establishment or proprietor of a health service establishment";

(ii) omit "or establishment";

(b) in paragraph (c)—

(i) omit "or a health service establishment";

(ii) in subparagraph (i) omit "or establishment";

(iii) in subparagraph (ii), for "agency or establishment;" substitute "agency.";

(iv) subparagraph (iii) is repealed.




5

10

15

20

25

30

94 Powers of authorised officers

(1) In section 147(1) of the Health Services Act 1988—

(a) in paragraph (b) omit "or establishment" (where twice occurring);

(b) omit "or health service establishment";

(c) paragraph (ea) is repealed;

(d) in paragraph (f) omit "or establishment" (where twice occurring).

(2) In section 147(2)(b) of the Health Services Act 1988 omit "or establishment".

95 Entry to unregistered premises—search warrant

Section 147A of the Health Services Act 1988 is repealed.

96 False and misleading statements

In section 151(2) of the Health Services Act 1988 omit "or health service establishment".

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

Sections 156A and 157A of the Health Services Act 1988 are repealed.

98 Regulations

In section 158(1) of the Health Services Act 1988—

(a) paragraph (a) is repealed;

(b) in paragraph (b), for ", denominational hospital or supported residential service" substitute "or denominational hospital";

(c) paragraphs (d) to (m) are repealed;




5

10

15

20

25

30

(d) in paragraph (n) omit "and proprietors of health service establishments";

(e) paragraph (o) is repealed.

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

Sections 160 and 165 of the Health Services Act 1988 are repealed.

Division 2—Other Acts

100 Abortion Law Reform Act 2008

For section 7(5) of the Abortion Law Reform Act 2008 substitute—

"(5) In this section hospital means—

(a) a public hospital within the meaning of the Health Services Act 1988; or

(b) a private health care facility within the meaning of the Private Health Care Facilities Act 2014.".

101 Cancer Act 1958

(1) In section 59(1) of the Cancer Act 1958—

(a) the definition of health service establishment is repealed;

(b) insert the following definition—

"private health care facility has the same meaning as in the Private Health Care Facilities Act 2014;";

(c) for the definition of private hospital substitute—

"private hospital has the same meaning as in the Private Health Care Facilities Act 2014;";

See:Act No.58/2008and amendingAct Nos58/2008, 13/2010 and 27/2012.LawToday:www.legislation.vic.gov.au

s. 100

See:Act No.6213.Reprint No. 8as at1 January 2009and amendingAct Nos13/2010, 29/2010 and 78/2010.LawToday:www.legislation.vic.gov.au




5

10

15

20

25

30

(d) in paragraph (a) of the definition of proprietor for "health service establishment, has the same meaning as in the Health Services Act 1988" substitute "private health care facility, has the same meaning as in the Private Health Care Facilities Act 2014".

(2) In section 60(1) of the Cancer Act 1958, for "health service establishment" substitute "private health care facility".

102 Coroners Act 2008

In section 5(3) of the Coroners Act 2008, for the definition of hospital substitute—

"hospital means—

(a) a public hospital, a public health service or a denominational hospital within the meaning of the Health Services Act 1988; or

(b) a private hospital within the meaning of the Private Health Care Facilities Act 2014;".

103 Control of Weapons Act 1990

In section 7A(5) of the Control of Weapons Act 1990, for the definition of health service facility substitute—

"health service facility means—

(a) a denominational hospital, a multi purpose service, a public health service or a public hospital within the

See:Act No.77/2008.Reprint No. 1as at21 July 2011and amendingAct Nos52/2012, 83/2012, 5/2013, 31/2013, 52/2013, 58/2013, 63/2013, 1/2014, 17/2014 and 26/2014.LawToday:www.legislation.vic.gov.au

s. 102

See:Act No.24/1990.Reprint No. 6as at16 May 2012and amendingAct Nos42/2010, 35/2012 and 82/2012.LawToday:www.legislation.vic.gov.au




5

10

15

20

25

meaning of the Health Services Act 1988; or


104 Drugs, Poisons and Controlled Substances Act 1981

In section 31(1) of the Drugs, Poisons and Controlled Substances Act 1981, for the definition of hospital substitute—

"hospital means—

(a) a public hospital or a denominational hospital within the meaning of the Health Services Act 1988; or

(b) a private hospital within the meaning of the Private Health Care Facilities Act 2014—

but does not include a day procedure centre within the meaning of the Private Health Care Facilities Act 2014;".

105 Firearms Act 1996

In section 54AA(6) of the Firearms Act 1996, for the definition of health service facility substitute—

"health service facility means—

(a) a denominational hospital, a multi purpose service, a public health service or a public hospital within the meaning of the Health Services Act 1988; or


106 Liquor Control Reform Act 1998

See:Act No.9719.Reprint No. 10as at30 November 2012and amendingAct Nos57/2012, 82/2012, 70/2013, 9/2014 and 13/2014.LawToday:www.legislation.vic.gov.au

s. 104

See:Act No.66/1996.Reprint No. 7as at18 March 2013.LawToday:www.legislation.vic.gov.au

See:Act No.94/1998.Reprint No. 7as at1 May 2013and amendingAct Nos9/2013, 41/2013, 70/2013, 17/2014 and 21/2014.LawToday:www.legislation.vic.gov.au




5

10

15

20

25

30

In section 3(1) of the Liquor Control Reform Act 1998, in paragraph (d) of the definition of hospital, for "Health Services Act 1988" substitute "Private Health Care Facilities Act 2014".

107 Mental Health Act 2014

In section 3(1) of the Mental Health Act 2014, for paragraph (e) of the definition of designated mental health service substitute—

"(e) a prescribed private hospital within the meaning of the Private Health Care Facilities Act 2014 that is registered as a private health care facility under that Act; or".

108 Pharmacy Regulation Act 2010

(1) In section 3(1) of the Pharmacy Regulation Act 2010, in the definition of pharmacy department—

(a) omit ", private hospital";

(b) after "1988" insert "or private hospital within the meaning of the Private Health Care Facilities Act 2014".

(2) For section 22(a) of the Pharmacy Regulation Act 2010 substitute—

s. 106

See:Act No.26/2014.StatuteBook:www.legislation.vic.gov.au

See:Act No.39/2010and amendingAct No.29/2011.LawToday:www.legislation.vic.gov.au




5

10

15

20

"(a) the person is—

(i) a registered funded agency, registered community health centre or privately-operated hospital within the meaning of the Health Services Act 1988 that is acting in accordance with the provisions of that Act; or

(ii) a private hospital within the meaning of the Private Health Care Facilities Act 2014 that is acting in accordance with the provisions of that Act; and".

(3) In section 37(2)(c) of the Pharmacy Regulation Act 2010 omit "private hospital or".

(4) After section 37(2) of the Pharmacy Regulation Act 2010 insert—

"(3) A person is eligible to apply for a licence to carry on a pharmacy department if the person is a private hospital within the meaning of the Private Health Care Facilities Act 2014.".

109 Public Health and Wellbeing Act 2008

For section 137(1)(b)(i) of the Public Health and Wellbeing Act 2008 substitute—

"(i) a registered private health care facility within the meaning of the Private Health Care Facilities Act 2014; and".

110 Residential Tenancies Act 1997

In the definition of health or residential service in section 3(1) of the Residential Tenancies Act

See:Act No.46/2008.Reprint No. 2as at19 April 2013and amendingAct Nos56/2012, 73/2013 and 17/2014.LawToday:www.legislation.vic.gov.au

s. 109

See:Act No.109/1997.Reprint No. 7as at14 November 2012and amendingAct Nos47/2012, 56/2012, 57/2013 and 26/2014.LawToday:www.legislation.vic.gov.au




5

10

15

20

25

1997—

(a) in paragraph (a) omit "health service establishment,";

(b) after paragraph (f) insert—

"(g) a private health care facility within the meaning of the Private Health Care Facilities Act 2014;".

111 Sentencing Act 1991

In section 87C of the Sentencing Act 1991—

(a) in paragraph (f) of the definition of emergency service agency and paragraph (m) of the definition of emergency service worker omit "private hospital,";

(b) after paragraph (f) of the definition of emergency service agency insert—

"(fa) a private hospital within the meaning of the Private Health Care Facilities Act 2014; or";

(c) after paragraph (m) of the definition of emergency service worker insert—

"(ma) a private hospital within the meaning of the Private Health Care Facilities Act 2014; or".

112 Sex Work Act 1994

In section 3(1) of the Sex Work Act 1994, for the definition of hospital substitute—

"hospital means—

(a) a public hospital or denominational hospital within the meaning of the Health Services Act 1988; or

See:Act No.49/1991.Reprint No. 15as at30 September 2013and amendingAct Nos32/2013, 46/2013, 70/2013, 77/2013, 7/2014, 15/2014, 17/2014 and 26/2014.LawToday:www.legislation.vic.gov.au

See:Act No.102/1994.Reprint No. 8as at21 August 2013and amendingAct No.77/2013.LawToday:www.legislation.vic.gov.au




5

10

15

20

25

30

(b) a private hospital within the meaning of the Private Health Care Facilities Act 2014;".

113 Transport Accident Act 1986

In section 3(1) of the Transport Accident Act 1986, in the definition of hospital—

(a) in paragraph (a), for ", denominational hospital, private hospital or day procedure centre" substitute "or denominational hospital";

(b) after paragraph (a) insert—

"(ab) a private health care facility within the meaning of the Private Health Care Facilities Act 2014; or".

114 Workers Compensation Act 1958

For section 26(2)(b) of the Workers Compensation Act 1958 substitute—

"(b) hospital means—

(i) a public hospital or denominational hospital within the meaning of the Health Services Act 1988; or

(ii) a private health care facility within the meaning of the Private Health Care Facilities Act 2014; or

(iii) any hospital situated outside Victoria;".

115 Workplace Injury Rehabilitation and Compensation Act 2013

In section 3 of the Workplace Injury Rehabilitation and Compensation Act 2013, in the definition of hospital—

(a) in paragraph (a) omit ", private hospital";

(b) for paragraph (b) substitute—

See:Act No.111/1986.Reprint No. 13as at1 January 2014 and amending Act Nos 30/2013, 67/2013 and 26/2014.LawToday:www.legislation.vic.gov.au

See:Act No.6419.Reprint No. 15as at5 August 2006and amendingAct Nos97/2005, 69/2009, 13/2010, 29/2011 and 67/2013.LawToday:www.legislation.vic.gov.au

See:Act No.67/2013 and amending Act Nos 17/2014 and 26/2014.StatuteBook:www.legislation.vic.gov.au




5

10

15

20

25

30

"(b) a private health care facility within the meaning of the Private Health Care Facilities Act 2014; or".

116 Repeal of amending Part

This Part is repealed on 30 March 2016.Note

The repeal of this Part does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

═══════════════




5

ENDNOTES

By Authority. Government Printer for the State of Victoria.

Endnotes



Documents

Private Health Care Facilities Bill 2014 - ocpc.vic.gov.auFILE/571375bi1.docx · Web viewPrivate Health Care Facilities Bill 2014. ... to an approved quality ... be met by private