{"id":"tas:sr-2021-076","name":"Health Service Establishments Regulations 2021","slug":"health-service-establishments-regulations-2021","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"76 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":182359,"registerId":"tas-tas:sr-2021-076-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Health Service Establishments Regulations 2021](/view/html/inforce/2026-04-12/sr-2021-076) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on 28 September 2021.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> > (1)  In these regulations –\n> > \n> > > ***Act*** means the [Health Service Establishments Act 2006](/view/html/inforce/2026-04-12/act-2006-017) ;\n> > \n> > > ***ANZCA*** means the Australian and New Zealand College of Anaesthetists;\n> > \n> > > ***approved*** means approved by the Secretary, either generally or in any particular case or class of cases;\n> > \n> > > ***child*** means a person who has not attained the age of 14 years;\n> > \n> > > ***Commission*** means the Australian Commission on Safety and Quality in Health Care established by section 8 of the *National Health Reform Act 2011* of the Commonwealth;\n> > \n> > > ***conscious sedation*** has the same meaning as in *PS09 Guideline on sedation and/or analgesia for diagnostic and interventional medical, dental or surgical procedures* as published by the ANZCA;\n> > \n> > > ***dentist*** means a person registered under the [Health Practitioner Regulation National Law (Tasmania)](/view/html/inforce/2026-04-12/act-2010-02A) in the dentists division of the dental profession;\n> > \n> > > ***intrapartum*** means the period commencing from the onset of true labour until the delivery of the baby and placenta during childbirth;\n> > \n> > > ***maternity services*** includes –\n> > > \n> > > > > (a) antenatal care related to childbirth; and\n> > > > \n> > > > > (b) intrapartum care involved in childbirth; and\n> > > > \n> > > > > (c) surgical intervention in achieving childbirth; and\n> > > > \n> > > > > (d) care of a mother admitted with a baby immediately following childbirth; and\n> > > > \n> > > > > (e) postnatal care for mothers who are readmitted for treatment or management of breastfeeding or maternal complications; and\n> > > > \n> > > > > (f) postnatal care for babies who are readmitted for treatment or management of neonatal complications.\n> > \n> > > ***patient’s representative*** means –\n> > > \n> > > > > (a) if the patient has not attained the age of 16 years, a parent or guardian having legal custody of the patient; or\n> > > > \n> > > > > (b) if the patient is under guardianship, the patient’s guardian; or\n> > > > \n> > > > > (c) if the patient has died, the executor or administrator of the patient’s estate –\n> > > \n> > > and includes any other person who, according to approved guidelines, is the patient’s representative;\n> > \n> > > ***pecuniary interest*** means any one or more of the following interests:\n> > > \n> > > > > (a) a pecuniary interest, in respect of a licence to conduct a private hospital or day-procedure centre, which is –\n> > > > > \n> > > > > > > (i) an interest as the holder of the licence or as one of the holders of the licence; or\n> > > > > > \n> > > > > > > (ii) an interest in any corporation (other than a public company) which is the licensee of the hospital or centre; or\n> > > > > > \n> > > > > > > (iii) a holding of 5% or more of the issued share capital of a public company which is the licensee of the hospital or centre;\n> > > > \n> > > > > (b) a pecuniary interest, in respect of a licence to conduct a private hospital or day-procedure centre, in the premises at which the hospital or centre is conducted, which is –\n> > > > > \n> > > > > > > (i) an interest (whether at law or in equity) in the premises at which the hospital or centre is conducted; or\n> > > > > > \n> > > > > > > (ii) an interest in any corporation (other than a public company) which has any interest (whether at law or in equity) in the premises at which the hospital or centre is conducted; or\n> > > > > > \n> > > > > > > (iii) a holding of 5% or more of the issued share capital of any public company which has any interest (whether at law or in equity) in the premises at which the hospital or centre is conducted;\n> > > > \n> > > > > (c) a pecuniary interest in the services provided to a private hospital or day-procedure centre, which is –\n> > > > > \n> > > > > > > (i) an interest in any clinical or administrative services provided to the hospital or centre (other than an interest in fees from medical or dental services provided by the person to any patient in the hospital or centre); or\n> > > > > > \n> > > > > > > (ii) an interest in any corporation (other than a public company) which has an interest in any clinical or administrative services provided to the hospital or centre; or\n> > > > > > \n> > > > > > > (iii) a holding of 5% or more of the issued share capital of any public company which has an interest in any clinical or administrative services provided to the hospital or centre;\n> > \n> > > ***Poisons List*** has the same meaning as in the [Poisons Act 1971](/view/html/inforce/2026-04-12/act-1971-081) ;\n> > \n> > > ***primary health care*** means the provision of non-urgent medical care, such as that generally provided by general practitioners;\n> > \n> > > ***scheduled substance*** means a substance that is specified in a Schedule to the Poisons List and includes any other substance that is defined by reference to any substance so specified.\n> \n> > (2)  In these regulations –\n> > \n> > > > (a) a reference to a particular class of private hospital or day-procedure centre is a reference to a private hospital or day-procedure centre that is licensed as a private hospital or day-procedure centre of that class under the Act; and\n> > > \n> > > > (b) a reference to a standard by reference to a numeral prefixed with \"AS\" is a reference to a standard so numbered as published by Standards Australia; and\n> > > \n> > > > (c) a reference to a standard by reference to a number prefixed with \"ISO\", \"BS EN ISO\" or \"DIN EN ISO\" is a reference to a standard so numbered as published by the International Organization for Standardization; and\n> > > \n> > > > (d) a reference to a standard, code, statement or other publication includes a reference to that standard, code, statement or publication as amended or substituted from time to time; and\n> > > \n> > > > (e) a reference to ANZCA includes, if ANZCA ceases to exist, a reference to an approved successor or an approved body that carries out equivalent or similar functions to ANZCA; and\n> > > \n> > > > (f) a reference to the Commission includes, if the Commission ceases to exist, a reference to an approved successor or an approved body that carries out equivalent or similar functions to the Commission; and\n> > > \n> > > > (g) a reference to a document published by the Commission includes, if the Commission ceases to exist, a reference to an approved document issued by an approved successor or other approved body with equivalent or similar functions.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Application of regulations","content":"### 4 Application of regulations\n\n> These regulations apply to all private hospitals and day-procedure centres that are licensed under the Act.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Licensing of Private Hospitals and Day-Procedure Centres","content":"# Part 2 Licensing of Private Hospitals and Day-Procedure Centres","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Classes of private hospitals and day-procedure centres","content":"### 5 Classes of private hospitals and day-procedure centres\n\n> > (1)  For the purposes of [section 14](/view/html/inforce/2026-04-12/act-2006-017#GS14@EN) of the Act, the following classes of private hospitals are prescribed:\n> > \n> > > > (a) general (that is, a private hospital used for a purpose other than the purposes of a surgical, maternity, rehabilitation or psychiatric class hospital);\n> > > \n> > > > (b) surgical (that is, a private hospital used for the purpose of conducting surgical operations or endoscopic procedures, other than those that would normally be conducted by a medical practitioner in his or her consulting rooms);\n> > > \n> > > > (c) maternity (that is, a private hospital used for the purpose of providing maternity services);\n> > > \n> > > > (d) rehabilitation (that is, a private hospital used for the purpose of providing long-term or specialised physical rehabilitation);\n> > > \n> > > > (e) psychiatric (that is, a private hospital used for the purpose of providing psychiatric care).\n> \n> > (2)  For the purposes of [section 14](/view/html/inforce/2026-04-12/act-2006-017#GS14@EN) of the Act, the following classes of day-procedure centres are prescribed:\n> > \n> > > > (a) low-risk (that is, a day-procedure centre that undertakes low-risk surgical treatment that can be safely performed using conscious sedation);\n> > > \n> > > > (b) endoscopic (that is, a day-procedure centre used for the purpose of providing endoscopic treatment that involves the administration of a general anaesthetic or intravenous sedative otherwise than for the purpose of conscious sedation);\n> > > \n> > > > (c) surgical (that is, a day-procedure centre used for the purpose of providing surgical treatment that involves the administration of a general, spinal, epidural or major regional block anaesthetic, or intravenous sedative otherwise than for the purpose of conscious sedation).","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Licensing standards for private hospitals and day-procedure centres","content":"### 6 Licensing standards for private hospitals and day-procedure centres\n\n> > (1)  Private hospitals are to comply with the licensing standards specified in [Schedule 1](#JS1@EN) .\n> \n> > (2)  Surgical class private hospitals are to comply with the licensing standards specified in [Part 1](#JS2@HS1@EN) of [Schedule 2](#JS2@EN) .\n> \n> > (3)  Maternity class private hospitals are to comply with the licensing standards specified in [Part 2](#JS2@HS2@EN) of [Schedule 2](#JS2@EN) .\n> \n> > (4)  Rehabilitation class private hospitals are to comply with the licensing standards specified in [Part 3](#JS2@HS3@EN) of [Schedule 2](#JS2@EN) .\n> \n> > (5)  Psychiatric class private hospitals are to comply with the licensing standards specified in [Part 4](#JS2@HS4@EN) of [Schedule 2](#JS2@EN) .\n> \n> > (6)  Private hospitals authorised to provide cardiac catheterisation services are to comply with the licensing standards specified in [Part 1](#JS3@HS1@EN) of [Schedule 3](#JS3@EN) .\n> \n> > (7)  Private hospitals authorised to provide emergency services are to comply with the licensing standards specified in [Part 2](#JS3@HS2@EN) of [Schedule 3](#JS3@EN) .\n> \n> > (8)  Private hospitals authorised to provide intensive care are to comply with the licensing standards specified in [Part 3](#JS3@HS3@EN) of [Schedule 3](#JS3@EN) .\n> \n> > (9)  Private hospitals authorised to provide neonatal intensive care are to comply with the licensing standards specified in [Part 4](#JS3@HS4@EN) of [Schedule 3](#JS3@EN) .\n> \n> > (10)  Day-procedure centres are to comply with the licensing standards specified in [Schedule 1](#JS1@EN) .\n> \n> > (11)  Low-risk day-procedure centres are to comply with the licensing standards specified in [Part 1](#JS4@HS1@EN) of [Schedule 4](#JS4@EN) .\n> \n> > (12)  Surgical class day-procedure centres are to comply with the licensing standards specified in [Part 2](#JS4@HS2@EN) of [Schedule 4](#JS4@EN) .\n> \n> > (13)  Endoscopic class day-procedure centres are to comply with the licensing standards specified in [Part 3](#JS4@HS3@EN) of [Schedule 4](#JS4@EN) .\n> \n> > (14)  Day-procedure centres that perform electro-convulsive therapy are to comply with the licensing standards specified in [Part 4](#JS2@HS4@EN) of [Schedule 2](#JS2@EN) .","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Offences by licensees","content":"### 7 Offences by licensees\n\n> A licensee of a private hospital or day-procedure centre must ensure that the provisions of these regulations and the standards specified in the Schedules to these regulations are complied with at all times in respect of the private hospital or day-procedure centre to which the licence relates.\n> \n> Penalty:  Fine not exceeding 5 penalty units.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Applications for licences","content":"### 8 Applications for licences\n\n> For the purposes of [section 9(2)(g)](/view/html/inforce/2026-04-12/act-2006-017#GS9@Gs2@Hpg@EN) of the Act, the prescribed application fee is 1 100 fee units.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Annual licence fees","content":"### 9 Annual licence fees\n\n> > (1)  In this regulation –\n> > \n> > > ***specialised service*** means a service specified in [Clause 2](#JS1@HS4@GC2@EN) of [Part 4](#JS1@HS4@EN) of [Schedule 1](#JS1@EN) .\n> \n> > (2)  For the purposes of [section 18](/view/html/inforce/2026-04-12/act-2006-017#GS18@EN) of the Act, the prescribed annual licence fee for a private hospital is the sum of –\n> > \n> > > > (a) 800 fee units; and\n> > > \n> > > > (b) 400 fee units for each class of private hospital, as specified in [regulation 5(1)](#GS5@Gs1@EN) , in respect of which the licence for the private hospital is issued; and\n> > > \n> > > > (c) 150 fee units for each specialised service authorised to be performed under the licence at the private hospital; and\n> > > \n> > > > (d) if the licence for the private hospital is endorsed to admit child patients in accordance with [clause 1](#JS1@HS4@GC1@EN) of [Part 4](#JS1@HS4@EN) of [Schedule 1](#JS1@EN) , 150 fee units; and\n> > > \n> > > > (e) if the maximum number of patients that may be accommodated overnight at any one time at the private hospital is –\n> > > > \n> > > > > > (i) not more than 50 patients, 500 fee units; or\n> > > > > \n> > > > > > (ii) 51 patients or more, but not more than 100 patients, 700 fee units; or\n> > > > > \n> > > > > > (iii) 101 patients or more, but not more than 150 patients, 900 fee units; or\n> > > > > \n> > > > > > (iv) 151 patients or more, but not more than 200 patients, 1 100 fee units; or\n> > > > > \n> > > > > > (v) 201 patients or more, 1 300 fee units.\n> \n> > (3)  For the purposes of [section 18](/view/html/inforce/2026-04-12/act-2006-017#GS18@EN) of the Act, the prescribed annual licence fee for a day-procedure centre is the sum of –\n> > \n> > > > (a) 500 fee units; and\n> > > \n> > > > (b) 400 fee units for each class of day-procedure centre, as specified in [regulation 5(2)](#GS5@Gs2@EN) , in respect of which the licence for the day-procedure centre is issued; and\n> > > \n> > > > (c) 150 fee units for each specialised service authorised to be performed under the licence at the day-procedure centre; and\n> > > \n> > > > (d) if the licence for the day-procedure centre is endorsed to admit child patients in accordance with [clause 1](#JS1@HS4@GC1@EN) of [Part 4](#JS1@HS4@EN) of [Schedule 1](#JS1@EN) , 150 fee units; and\n> > > \n> > > > (e) 200 fee units for each procedure room provided at the day-procedure centre, as specified on the licence in force in respect of the day-procedure centre.\n> \n> > (4)  For the purposes of [subregulation (2)(e)](#GS9@Gs2@Hpe@EN) , the maximum number of patients that may be accommodated overnight at any one time is the number determined by the Secretary under [section 15(d)](/view/html/inforce/2026-04-12/act-2006-017#GS15@Hpd@EN) of the Act, as specified on the licence in force in respect of the private hospital.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Transfer of licence","content":"### 10 Transfer of licence\n\n> For the purposes of [section 19](/view/html/inforce/2026-04-12/act-2006-017#GS19@EN) of the Act, the prescribed application fee is –\n> \n> > > (a) in relation to a private hospital, 900 fee units; and\n> > \n> > > (b) in relation to a day-procedure centre, 400 fee units.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Application for annual licence","content":"### 11 Application for annual licence\n\n> On making an application for an annual licence under [section 9](/view/html/inforce/2026-04-12/act-2006-017#GS9@EN) of the Act, the applicant must provide the Secretary with a copy of the following documents:\n> \n> > > (a) the director of nursing's current authority to practise;\n> > \n> > > (b) the last annual report published by the licensee relating to the hospital.","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Requirements for routine information","content":"### 12 Requirements for routine information\n\n> > (1)  A licensee must provide the Secretary with a statement in an approved form each month providing all information, whether clinical or financial, required by the Secretary for health planning, benchmarking and reporting on performance as required by any law of the Commonwealth or any authority established under any such law.\n> \n> > (2)  A licensee must ensure that the statement under [subregulation (1)](#GS12@Gs1@EN)  –\n> > \n> > > > (a) contains all the information necessary to complete the approved form; and\n> > > \n> > > > (b) is provided to the Secretary within 30 days after the end of the month to which the information relates.\n> > \n> > Penalty:  Fine not exceeding 5 penalty units.","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Duty of licensee to be insured","content":"### 13 Duty of licensee to be insured\n\n> > (1)  A licensee of a private hospital or day-procedure centre must take out and maintain an approved policy of insurance, and workers' compensation insurance, in respect of the conduct of the establishment.\n> > \n> > Penalty:  Fine not exceeding 5 penalty units.\n> \n> > (2)  The policy of insurance is to name the licensee as the insured, and provide for –\n> > \n> > > > (a) a minimum amount of cover of $20 000 000 for each event; and\n> > > \n> > > > (b) cover for injury, loss and damage caused by or arising from the use of diagnostic equipment or procedures involving the emission of ionising radiation; and\n> > > \n> > > > (c) cover on a claims-made basis.\n> \n> > (3)  The workers' compensation insurance, or any other form of approved self-insurance, is to cover any obligation or liability under the [Workers Rehabilitation and Compensation Act 1988](/view/html/inforce/2026-04-12/act-1988-004) .","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Application fee for material alteration to or extension of licensed establishment","content":"### 14 Application fee for material alteration to or extension of licensed establishment\n\n> For the purposes of [section 20(4)](/view/html/inforce/2026-04-12/act-2006-017#GS20@Gs4@EN) of the Act, the prescribed fee is –\n> \n> > > (a) in relation to a private hospital, 500 fee units; and\n> > \n> > > (b) in relation to a day-procedure centre, 330 fee units.","sortOrder":15},{"sectionNumber":"15","sectionType":"section","heading":"Late application fee for approval of material alteration to or extension of licensed establishment","content":"### 15 Late application fee for approval of material alteration to or extension of licensed establishment\n\n> For the purposes of [section 20(10)](/view/html/inforce/2026-04-12/act-2006-017#GS20@Gs10@EN) of the Act, the prescribed late application fee is –\n> \n> > > (a) in relation to a private hospital, 2 550 fee units; and\n> > \n> > > (b) in relation to a day-procedure centre, 1 200 fee units.","sortOrder":16},{"sectionNumber":"16","sectionType":"section","heading":"Application fee for amendment of licence","content":"### 16 Application fee for amendment of licence\n\n> For the purposes of [section 22(2)(a)](/view/html/inforce/2026-04-12/act-2006-017#GS22@Gs2@Hpa@EN) of the Act, the prescribed fee is –\n> \n> > > (a) in relation to a private hospital, 1 700 fee units; and\n> > \n> > > (b) in relation to a day-procedure centre, 800 fee units.","sortOrder":17},{"sectionNumber":"Part 3","sectionType":"part","heading":"Disclosure of Pecuniary Interests","content":"# Part 3 Disclosure of Pecuniary Interests","sortOrder":18},{"sectionNumber":"17","sectionType":"section","heading":"Definition of pecuniary interest","content":"### 17 Definition of pecuniary interest\n\n> > (1)  In this Part –\n> > \n> > > ***partner***, in respect of a person, means another person who has a personal relationship, within the meaning of the [Relationships Act 2003](/view/html/inforce/2026-04-12/act-2003-044) , with the first-mentioned person;\n> > \n> > > ***relative of a practitioner*** means the spouse, partner, parent, child, brother or sister of the practitioner.\n> \n> > (2)  For the purposes of [section 45(4)](/view/html/inforce/2026-04-12/act-2006-017#GS45@Gs4@EN) of the Act, a practitioner is taken to have a pecuniary interest in a private hospital or day-procedure centre if the practitioner has a pecuniary interest within the meaning of these regulations.\n> \n> > (3)  For the purposes of [section 45(5)](/view/html/inforce/2026-04-12/act-2006-017#GS45@Gs5@EN) of the Act, a pecuniary interest in a private hospital or day-procedure centre of a relative of a practitioner is taken to be a pecuniary interest of the practitioner.","sortOrder":19},{"sectionNumber":"18","sectionType":"section","heading":"Notification of pecuniary interest","content":"### 18 Notification of pecuniary interest\n\n> > (1)  For the purposes of [section 45(1)](/view/html/inforce/2026-04-12/act-2006-017#GS45@Gs1@EN) of the Act, the manner in which a practitioner is to notify a person of the practitioner’s pecuniary interest is –\n> > \n> > > > (a) by informing the person of that fact orally; and\n> > > \n> > > > (b) by giving written notice of that fact to the person; and\n> > > \n> > > > (c) by displaying a written notice of that fact at the private hospital or day-procedure centre, surgery or other premises at which the relevant advice or treatment is given or the relevant arrangements are made.\n> \n> > (2)  Each notification given in accordance with [subregulation (1)](#GS18@Gs1@EN) must identify the practitioner to which it relates and must specify the nature and extent of the pecuniary interest.\n> \n> > (3)  The written notice referred to in [subregulation (1)(c)](#GS18@Gs1@Hpc@EN) must be clearly legible and the notice must be displayed in a prominent place.","sortOrder":20},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Director of nursing of private hospital or day-procedure centre","content":"### 19 Director of nursing of private hospital or day-procedure centre\n\n> For the purposes of [section 39(5)(b)](/view/html/inforce/2026-04-12/act-2006-017#GS39@Gs5@Hpb@EN) of the Act, the prescribed particulars in respect of a person who carries out the duties of director of nursing are particulars of the person’s current registration that gives the person authority to practise.","sortOrder":22},{"sectionNumber":"20","sectionType":"section","heading":"Display of licence","content":"### 20 Display of licence\n\n> At all times while a private hospital or day-procedure centre is being conducted, the licensee must cause the licence (or a full-size copy of the licence) to be displayed in a prominent place in the entrance foyer of the private hospital or day-procedure centre.\n> \n> Penalty:  Fine not exceeding 5 penalty units.","sortOrder":23},{"sectionNumber":"21","sectionType":"section","heading":"Change of ownership or control","content":"### 21 Change of ownership or control\n\n> > (1)  In this regulation –\n> > \n> > > ***major shareholder***, in respect of a corporation, means a shareholder whose shareholding exceeds 20% of the total shareholding in the corporation.\n> \n> > (2)  A licensee that is a corporation must furnish to the Secretary particulars of any change in the directors or major shareholders of the corporation as soon as practicable after the change occurs.\n> > \n> > Penalty:  Fine not exceeding 5 penalty units.","sortOrder":24},{"sectionNumber":"22","sectionType":"section","heading":"Infringement notices","content":"### 22 Infringement notices\n\n> For the purposes of [section 55A](/view/html/inforce/2026-04-12/act-2006-017#GS55A@EN) of the Act –\n> \n> > > (a) an offence against a provision of the Act or regulations specified in [Schedule 6](#JS6@EN) is prescribed as an infringement offence; and\n> > \n> > > (b) the penalty set out in that Schedule in respect of that infringement offence is the applicable penalty for that offence.","sortOrder":25},{"sectionNumber":"SCHEDULE 1 - General Licensing","sectionType":"part","heading":"SCHEDULE 1 - General Licensing Standards for Private Hospitals and Day-procedure Centres","content":"# SCHEDULE 1 - General Licensing SCHEDULE 1 - General Licensing Standards for Private Hospitals and Day-procedure Centres\n\n[Regulation 6(1)](#GS6@Gs1@EN) and [(10)](#GS6@Gs10@EN)","sortOrder":26},{"sectionNumber":"Part 5","sectionType":"part","heading":"Health records","content":"# Part 5 Health records\n\n> **1.   **Application of Part****\n> \n> > The application of this Part extends to a former patient, and to the records relating to a former patient, in the same way as it applies to a patient and to the records relating to a patient.\n\n> **2.   **Health records****\n> \n> > > (1) A record is to be kept of the medical condition of each patient in a private hospital or day-procedure centre and a record of all medical, nursing and other care provided to the patient must be maintained by an entry in a patient health record system made by the appropriate medical, nursing or other health care provider.\n> > \n> > > (2) Without limiting [subclause (1)](#JS1@HS5@GC2@Gc1@EN) , the health record of a patient is to include the following:\n> > > \n> > > > > (a) the patient’s admission form;\n> > > > \n> > > > > (b) the patient’s medical history and results of any physical examination, which may be contained in any referral document;\n> > > > \n> > > > > (c) any medical consultation reports;\n> > > > \n> > > > > (d) a record of any medication administered;\n> > > > \n> > > > > (e) a record of allergies and other factors requiring special consideration;\n> > > > \n> > > > > (f) reports of all laboratory tests performed;\n> > > > \n> > > > > (g) reports of all X-ray and other medical imaging examinations performed;\n> > > > \n> > > > > (h) the name of any person whose consent to the carrying out of medical or dental treatment is necessary;\n> > > > \n> > > > > (i) consent or request forms, if applicable;\n> > > > \n> > > > > (j) if a medical, surgical or other procedure has been performed;\n> > > > \n> > > > > (k) in a case where anaesthesia has been employed, the anaesthetic record (which must comply with the recommendations of *PS06 Guideline on the anaesthesia record* as published by the ANZCA);\n> > > > \n> > > > > (l) the procedure report, including the pre-procedural and post-procedural diagnoses, and a description of the findings, technique used and tissue removed or altered;\n> > > > \n> > > > > (m) in a case where tissue or body fluid has been removed, any pathological report on the tissue or body fluid;\n> > > > \n> > > > > (n) in a case where the procedure has involved surgery, a record of the swab, sponge and instrument count;\n> > > > \n> > > > > (o) the post-procedural recovery record;\n> > > > \n> > > > > (p) a discharge statement, completed by the medical practitioner or dentist attending the patient, that specifies any major procedures performed, the final diagnosis, the patient’s condition and recommendations and arrangements for the patient’s future care.\n> > \n> > > (3) Any records relating to medical or dental treatment are to identify the medical practitioner or dentist by whom that treatment was provided.\n> > \n> > > (4) A discharge statement referred to in [subclause (2)(p)](#JS1@HS5@GC2@Gc2@Hpp@EN) must be completed before the patient’s discharge unless discharge instructions are given orally, in which case the statement must be completed within 48 hours after the patient’s discharge.\n\n> **3.   **Retention of records****\n> \n> > > (1) The register of patients, together with the patients’ health records, must be retained as follows:\n> > > \n> > > > > (a) the register of patients must be kept indefinitely;\n> > > > \n> > > > > (b) health records relating to patients (other than maternity patients) of 18 or more years of age at the date of last separation must be kept for 7 years from the date of last separation;\n> > > > \n> > > > > (c) health records relating to patients (other than maternity patients) of less than 18 years of age at the date of last separation must be kept until the patient to whom the record relates attains, or would have attained, the age of 25 years.\n> > \n> > > (2) The documents referred to in [subclause (1)](#JS1@HS5@GC3@Gc1@EN) must be given to the transferee if the licence for the private hospital or day-procedure centre is transferred to another person.\n> > \n> > > (3) If the licence for the private hospital or day-procedure centre is surrendered or cancelled, the licensee must deal with the register and records in accordance with the instructions of the Secretary.\n> > \n> > > (4) Unless an exemption is granted by the Secretary, the register and records are to be kept at the private hospital or day-procedure centre.\n\n> **4.   **Patient’s right of access to health records****\n> \n> > > (1) A patient or the patient’s representative may, by written application to the licensee, request access to the patient’s health record.\n> > \n> > > (2) The licensee must, as soon as practicable after the receipt of such an application, make the health record available to –\n> > > \n> > > > > (a) the patient or the patient’s representative; or\n> > > > \n> > > > > (b) a person nominated by the patient or the patient’s representative.\n> > \n> > > (3) The licensee may refuse a request by a patient or by the patient’s representative for access to the patient’s health record –\n> > > \n> > > > > (a) if the medical practitioner or dentist in charge of the patient’s care advises that the request should be refused; and\n> > > > \n> > > > > (b) if the licensee is satisfied that access by the patient or representative would be prejudicial to the patient’s physical or mental health.\n> > \n> > > (4) An application under this clause is to be retained in the patient’s health record.\n\n> **5.   **Manner of providing access****\n> \n> > > (1) Access to a health record may be given by making the record available for inspection or by providing a copy of the record, as specified by the applicant.\n> > \n> > > (2) If a person to whom access to a health record is given so requests, the person must be given assistance in the interpretation of the record (including any test results, findings and comments contained in the record) by a person qualified to do so.\n> > \n> > > (3) If a patient or the patient’s representative requests particular clinical information (such as test results or details of past treatment) rather than access to the patient’s health record, the information may be provided by the medical practitioner or dentist in charge of the patient’s care or, subject to the advice of that medical practitioner or dentist, by a medical practitioner or registered nurse on the staff of the private hospital or day-procedure centre.\n> > \n> > > (4) If a patient or the patient’s representative disagrees with information contained in the patient’s health record, the licensee must, on request by the patient or patient’s rrepresentative, attach the patient’s or patient’s representative’s own comments in the form of an addendum to the record.\n\n> **6.   **Procedure on refusal of request for access****\n> \n> > > (1) If the licensee refuses a request by a patient or by the patient’s representative for access to the patient’s health record, the licensee –\n> > > \n> > > > > (a) must inform the patient or representative in writing of the reason for the refusal and of any rights of appeal that may exist in respect of the refusal; and\n> > > > \n> > > > > (b) must include in the patient’s health record a written note of the refusal and the reason given for the refusal.\n> > \n> > > (2) A patient or the patient’s representative may appeal in writing to the Secretary against a decision of the licensee to refuse access to the patient’s health record.\n> > \n> > > (3) The Secretary may, in determining such an appeal –\n> > > \n> > > > > (a) confirm the decision of the licensee; or\n> > > > \n> > > > > (b) direct that the licensee grant the patient or the patient’s representative access to the patient’s health record under such conditions as the Secretary may direct.\n> > \n> > > (4) A determination made by the Secretary is to be given in writing to the licensee and retained in the health record of the patient to whom it relates.\n\n> **7.   **Confidentiality of records****\n> \n> > > (1) The licensee must ensure that, except as provided by this clause, personal information concerning a patient is not released from the private hospital or day-procedure centre except with the consent of the patient or the patient’s representative or with other lawful excuse.\n> > \n> > > (2) [Subclause (1)](#JS1@HS5@GC7@Gc1@EN) does not affect the operation of any other law requiring, prohibiting or restricting the release of any such information.\n> > \n> > > (3) All health records must be stored in a secure place to which unauthorised persons are not permitted access.","sortOrder":31},{"sectionNumber":"Part 6","sectionType":"part","heading":"Additional Requirements for Private Hospitals","content":"# Part 6 Additional Requirements for Private Hospitals\n\n> **1.   **Beds****\n> \n> > > (1) A suitable hospital-type bed must be provided for each patient other than a patient required under [clause 1(5)](#JS1@HS4@GC1@Gc5@EN) of [Part 4](#JS1@HS4@EN) of this Schedule to be accommodated in a cot.\n> > \n> > > (2) This clause does not apply to a psychiatric or rehabilitation ward if a suitable bed of domestic type is provided for each patient in the place of a hospital-type bed.\n> > \n> > > (3) The beds are to be comfortable, safe and in a good state of repair with due regard for the comfort and safety of all patients.\n\n> **2.   **Other bedroom furniture****\n> \n> > > (1) For each bed, there must be provided at least one bedside locker, situated within easy reach of the bed, and having a top surface which has rounded corners and is washable and impervious to liquids.\n> > \n> > > (2) For each bed, there must be available an overbed table which –\n> > > \n> > > > > (a) is of adjustable height; and\n> > > > \n> > > > > (b) is of safe design and robust construction; and\n> > > > \n> > > > > (c) has washable surfaces impervious to liquids.\n> > \n> > > (3) At least one chair with arms must be provided for each bed and must be made of materials that facilitate the chair being kept clean and hygienic.\n> > \n> > > (4) At least one wardrobe of suitable size must be provided for each bed for the storage of the clothes of the patient occupying the bed.\n> > \n> > > (5) Individual draw screens must be provided for each bed in each multiple-bed ward to provide privacy for patients and each such draw screen –\n> > > \n> > > > > (a) must be of suitable, washable, fire-resistant materials; and\n> > > > \n> > > > > (b) must be suspended from strong overhead tracking.\n\n> **3.   **Furnishing and equipping of lounge areas****\n> \n> > Lounge areas for patients must be furnished with an adequate number of appropriate chairs.\n\n> **4.   **Medical, surgical and nursing equipment****\n> \n> > > (1) Medical, surgical and nursing equipment, appliances and materials that are necessary for the type and level of patient care in the private hospital must be provided and properly maintained.\n> > \n> > > (2) Without limiting [subclause (1)](#JS1@HS6@GC4@Gc1@EN) , the following equipment must be provided in a private hospital:\n> > > \n> > > > > (a) a resuscitation trolley containing a complete set of adult resuscitation and monitoring equipment in each of the following areas:\n> > > > > \n> > > > > > > (i) each ward area supervised from a single nurse station;\n> > > > > > \n> > > > > > > (ii) in a private hospital approved to provide intensive care, the intensive care area;\n> > > > \n> > > > > (b) if the private hospital is approved to admit child patients, a resuscitation trolley containing a complete set of paediatric resuscitation and monitoring equipment (suitable for the various age ranges of children approved to be admitted) in the children’s ward area;\n> > > > \n> > > > > (c) oxygen and suction facilities at appropriate locations.\n\n> **5.   **Staffing****\n> \n> > > (1) Sufficient staff with appropriate qualifications must be provided in a private hospital to ensure that allied health services necessary for good patient care are provided.\n> > \n> > > (2) Sufficient domestic and maintenance staff or services to carry out the cooking, cleaning, laundering, maintenance and other duties necessary for the proper conduct of the private hospital must be provided.\n> > \n> > > (3) The licensee of a private hospital must cause staff rosters to be prepared for the nursing and other staff of the private hospital and must cause written copies of the staff rosters to be kept available for inspection at the private hospital.\n\n> **6.   **Identification of patients****\n> \n> > > (1) The licensee of a private hospital must ensure that there is a system in place in the private hospital that complies with the accepted standards in the Australian health sector –\n> > > \n> > > > > (a) to correctly establish the identity of each patient; and\n> > > > \n> > > > > (b) to verify the identity of each patient; and\n> > > > \n> > > > > (c) to ensure that records pertaining to the patient are correctly matched to that patient.\n> > \n> > > (2) The licensee of a private hospital must ensure that an identification band used to identify a patient of the private hospital complies with [clause 10](#JS1@HS2@GC10@EN) of [Part 2](#JS1@HS2@EN) of this Schedule.\n\n> **7.   **Notification of missing patients****\n> \n> > If a patient appears to be missing from a private hospital, the patient’s representative or next of kin, the patient’s medical practitioner and a police officer must immediately be informed of that fact.\n\n> **8.   **Health records****\n> \n> > In addition to the requirements of [regulation 6](#GS6@EN) , private hospital medical records must also include –\n> > \n> > > > (a) a record of planned nursing management, including all other treatment and diet orders; and\n> > > \n> > > > (b) progress notes including –\n> > > > \n> > > > > > (i) a current principal diagnosis and other significant diagnoses; and\n> > > > > \n> > > > > > (ii) a daily record of all medical and nursing care given in respect of the patient’s medical, physical, psychological and social needs and responses.\n\n> **9.   **Visiting hours****\n> \n> > Patients in a private hospital must be allowed to receive visitors at any reasonable time but a medical practitioner or the senior nurse on duty may, if necessary for the care of a patient –\n> > \n> > > > (a) restrict the hours for visiting the patient and, if necessary, other patients in the same ward; and\n> > > \n> > > > (b) restrict the number of persons who may visit the patient at any one time.\n\n> **10.   **Storage, preparation and serving of food****\n> \n> > > (1) In this regulation –\n> > > \n> > > > ***kitchen***, in a private hospital, means a kitchen of that hospital that is responsible for the majority of food that is stored, prepared, cooked or distributed in respect of staff and patients.\n> > \n> > > (2) A kitchen in a private hospital must be used solely for the purposes of –\n> > > \n> > > > > (a) storing, preparing, cooking and distributing food; and\n> > > > \n> > > > > (b) washing dishes and utensils used in connection with the storage, preparation, cooking or serving of food.\n> > \n> > > (3) An area of a private hospital, other than a kitchen, must not be used for the purposes specified in [subclause (2)](#JS1@HS6@GC10@Gc2@EN) , except that –\n> > > \n> > > > > (a) a servery may be used for the preparation of beverages and light snacks; and\n> > > > \n> > > > > (b) a scullery may be used for washing dishes and utensils.\n> > \n> > > (4) Laundry and waste (other than kitchen waste) must not be taken through a kitchen.\n> > \n> > > (5) Meals at a private hospital must be prepared and served –\n> > > \n> > > > > (a) in accordance with a planned menu of at least one week; and\n> > > > \n> > > > > (b) in sufficient variety, quality and quantity –\n> > > > > \n> > > > > > > (i) to be attractive and palatable to, and edible by, patients; and\n> > > > > > \n> > > > > > > (ii) to provide the dietary allowances recommended in the *Nutrient Reference Values for Australia and New Zealand Including Recommended Dietary Intakes*, as issued by the National Health and Medical Research Council in 2006.\n> > \n> > > (6) Any special diet prescribed or requested for a patient by the medical practitioner or dentist in charge of the patient’s care must be provided.\n\n> **11.   **Overcrowding****\n> \n> > > (1) Unless otherwise approved, a patient must not be lodged in any part of a private hospital other than a ward.\n> > \n> > > (2) If in an emergency the number of patients in a ward exceeds the number of patients specified in the licence in respect of that ward, the licensee of the private hospital must, as soon as practicable –\n> > > \n> > > > > (a) cause the excess patient or patients to be removed from that ward; and\n> > > > \n> > > > > (b) notify the Secretary orally of the fact; and\n> > > > \n> > > > > (c) send to the Secretary notice in writing of the fact and of all the relevant details of the circumstances in which it occurred.","sortOrder":32},{"sectionNumber":"SCHEDULE 2 - Additional Licens","sectionType":"part","heading":"SCHEDULE 2 - Additional Licensing Standards for Particular Classes of Private Hospitals","content":"# SCHEDULE 2 - Additional Licens SCHEDULE 2 - Additional Licensing Standards for Particular Classes of Private Hospitals\n\n[Regulation 6(2)](#GS6@Gs2@EN) , [(3)](#GS6@Gs3@EN) , [(4)](#GS6@Gs4@EN) and [(5)](#GS6@Gs5@EN)","sortOrder":33},{"sectionNumber":"SCHEDULE 3 - Additional Licens","sectionType":"part","heading":"SCHEDULE 3 - Additional Licensing Standards for Private Hospitals authorised to provide Specialised Services","content":"# SCHEDULE 3 - Additional Licens SCHEDULE 3 - Additional Licensing Standards for Private Hospitals authorised to provide Specialised Services\n\n[Regulation 6(6)](#GS6@Gs6@EN) , [(7)](#GS6@Gs7@EN) , [(8)](#GS6@Gs8@EN) and [(9)](#GS6@Gs9@EN)","sortOrder":38},{"sectionNumber":"SCHEDULE 4 - Additional Licens","sectionType":"part","heading":"SCHEDULE 4 - Additional Licensing Standards for Particular Classes of Day-Procedure Centres","content":"# SCHEDULE 4 - Additional Licens SCHEDULE 4 - Additional Licensing Standards for Particular Classes of Day-Procedure Centres\n\n[Regulation 6(11)](#GS6@Gs11@EN) , [(12)](#GS6@Gs12@EN) and [(13)](#GS6@Gs13@EN)","sortOrder":43},{"sectionNumber":"SCHEDULE 5 - Membership and Pr","sectionType":"part","heading":"SCHEDULE 5 - Membership and Procedures of Medical Advisory Committees","content":"# SCHEDULE 5 - Membership and Pr SCHEDULE 5 - Membership and Procedures of Medical Advisory Committees\n\n[Clause 6](#JS1@HS2@GC6@EN) of [Part 2](#JS1@HS2@EN) of [Schedule 1](#JS1@EN)\n\n> **1.   **Membership****\n> \n> > > (1) Unless otherwise approved by the Secretary, a medical advisory committee is to consist of at least 5 medical practitioners.\n> > \n> > > (2) The Secretary may approve a committee as a medical advisory committee that does not comply with the requirements of [subclause (1)](#JS5@GC1@Gc1@EN) if the Secretary thinks fit to do so, after taking into account the relevant establishment and the treatment performed.\n> > \n> > > (3) Despite [subclauses (1)](#JS5@GC1@Gc1@EN) and [(2)](#JS5@GC1@Gc2@EN) , a medical advisory committee must include one member who has no pecuniary interest in the establishment.\n> > \n> > > (4) In addition to the members specified in [subclauses (1)](#JS5@GC1@Gc1@EN) and [(2)](#JS5@GC1@Gc2@EN) , the medical advisory committee may include nominees or representatives of other health care providers, academic institutions or other relevant professional organisations.\n\n> **2.   **Procedure of medical advisory committee****\n> \n> > > (1) The medical advisory committee is to meet as often as is necessary to effectively perform its responsibilities and functions.\n> > \n> > > (2) A medical advisory committee may co-opt any person having any desirable expertise but any such person is not entitled to vote.\n> > \n> > > (3) A medical advisory committee is to review at least once in each period of 5 years the credentials and scope of clinical practice of each medical practitioner and dentist appointed to the private hospital or day-procedure centre.\n> > \n> > > (4) A member must not participate in any deliberation or decision of the committee in respect of a practitioner if grounds might exist for a reasonable apprehension that the member might not bring a fair and unbiased mind to the issue before the committee.\n> > \n> > > (5) In the circumstances referred to in [subclause (4)](#JS5@GC2@Gc4@EN) , the member concerned must declare the facts of the matter to the chairperson who must then decide whether or not the member should participate in any deliberation or decision of the committee.\n> > \n> > > (6) A decision of the committee is to be subject to appeal as follows:\n> > > \n> > > > > (a) in the first place the committee is to review its own decision;\n> > > > \n> > > > > (b) if the decision is unchanged, any person aggrieved by the committee’s decision may appeal to the appeals committee, established for the purpose by the private hospital or day-procedure centre, which may either confirm or overturn the original decision.\n> > \n> > > (7) A quorum of the committee is to consist of a majority of the members, one of whom must be the chairperson or his or her nominee.\n> > \n> > > (8) If the clinical director is not able to attend the meeting, he or she must provide comments in writing on the relevant matter.\n> > \n> > > (9) The scope of clinical practice of any medical practitioner or dentist is to be determined by reference to his or her credentials and any recommendation of a selection committee appointed for the purpose.\n> > \n> > > (10) If the Secretary is satisfied that, owing to special circumstances, the committee as constituted in accordance with this Schedule –\n> > > \n> > > > > (a) may be perceived to be biased in respect of any issue to be determined; or\n> > > > \n> > > > > (b) is otherwise unsuitable to determine any issue –\n> > > \n> > > the membership of the committee may instead consist of not less than 5 and not more than 9 persons appointed by the Secretary for the purposes of considering and determining that issue.\n\n> **3.   **Procedural fairness****\n> \n> > The medical advisory committee is to observe the rules of procedural fairness.\n\n> **4.   **Voting****\n> \n> > A decision of the medical advisory committee is to be determined by a majority of the members present and voting and, if the votes on any matter before the committee are equal, the matter is to be determined in the negative.\n\n> **5.   **Record of decisions****\n> \n> > The medical advisory committee must keep a record of all its decisions including the reasons and evidence on which they are based.","sortOrder":47},{"sectionNumber":"SCHEDULE 6 - Infringement Offe","sectionType":"part","heading":"SCHEDULE 6 - Infringement Offences","content":"# SCHEDULE 6 - Infringement Offe SCHEDULE 6 - Infringement Offences\n\n[Regulation 22](#GS22@EN)\n\n|  | Provision of Act or regulations | Penalty units |\n| 1. | Section 21(2) | 5 |\n| 2. | Section 22(5) | 0.5 |\n| 3. | Section 32 | 40 |\n| 4. | Section 33(1) | 50 |\n| 5. | Section 34(1) | 25 |\n| 6. | Section 37(1) | 6 |\n| 7. | Section 38(1) | 4 |\n| 8. | Section 39(2) | 2 |\n| 9. | Section 39(4) | 0.5 |\n| 10. | Section 40(1) | 0.3 |\n| 11. | Section 41 | 4 |\n| 12. | Section 42(4) | 1 |\n| 13. | Section 48 | 3 |\n| 14. | Section 49 | 6.5 |\n| 15. | Section 54 | 8 |\n| 16. | Regulation 12(2) | 0.5 |\n| 17. | Regulation 20 | 0.5 |\n| 18. | Regulation 21 | 0.5 |\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 24 September 2021\n\nThese regulations are administered in the Department of Health.","sortOrder":48}],"analysis":{"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2038},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The regulations appear to operate within the scope of the enabling *Health Service Establishments Act 2006*. While highly detailed in prescribing operational standards (down to specific equipment models and sterilisation temperatures), this level of prescription is consistent with the Act's purpose of establishing a licensing and safety framework for private health facilities. The technical specificity represents implementation detail rather than scope expansion."},"complexity_factors":["Six detailed schedules containing class-specific technical standards (building codes, equipment lists, staffing ratios)","Extensive cross-referencing to external standards including AS/NZS standards, ISO standards, National Construction Code, and ANZCA (anaesthetists college) guidelines","Nested definitional structure for 'pecuniary interest' spanning 3 main categories with multiple sub-paragraphs and 5% shareholding thresholds","Conditional compliance matrix where licensing standards vary by facility class (5 hospital classes, 3 day-procedure classes) plus 4 specialised service categories (cardiac, emergency, intensive care, neonatal)","Multi-variable fee calculation formulas with tiered bed-count thresholds (50/100/150/200+ patients) and additional per-service charges","Overlapping governance requirements combining accreditation, medical advisory committees, credentialing reviews every 5 years, and incident reporting","Incorporation by reference of multiple external documents (National Safety and Quality Health Service Standards, National Model Clinical Governance Framework) that are not reproduced in the text"],"plain_english_summary":"**What this is:**  \nThese are the detailed operating rules for private hospitals and day-procedure centres (day surgery clinics) in Tasmania. They work under the *Health Service Establishments Act 2006* to set out exactly what facilities must do to keep their licences and operate safely.\n\n**Who it affects:**\n- **Licensees:** People or companies running private hospitals or day clinics\n- **Medical practitioners and dentists:** Who work in these facilities\n- **Patients:** Who receive treatment in private facilities\n\n**What it does:**\n\n- **Sorts facilities into categories:** Hospitals are classed as general, surgical, maternity, rehabilitation or psychiatric. Day-procedure centres are classed as low-risk, endoscopic or surgical. Each category has specific equipment and staffing rules.\n\n- **Sets licensing fees:** Calculated based on bed numbers, services offered (like cardiac care or intensive care), and whether children are treated. Fees range from base amounts plus extras for each service type.\n\n- **Requires safety accreditation:** Facilities must be accredited by an approved industry body and maintain safety systems that meet national standards.\n\n- **Mandates medical advisory committees:** Each facility must have a committee of doctors to oversee clinical standards, check credentials, and ensure patient safety.\n\n- **Controls conflicts of interest:** Doctors must tell patients if they have a financial stake (pecuniary interest) in the hospital or clinic—either directly, through family, or via shareholdings over 5%.\n\n- **Sets strict operational standards:** Detailed rules covering building codes, sterilisation of instruments, medication safety, infection control, hygiene, and health record keeping (which must be kept for 7–30 years depending on patient age).\n\n- **Imposes specific requirements for high-risk services:** Extra rules for cardiac catheterisation labs, intensive care units, neonatal care, emergency departments, and maternity wards.\n\n**Why it matters:**  \nThese regulations ensure that private healthcare in Tasmania meets minimum safety and quality benchmarks. They protect patients by requiring proper staffing, equipment, and clinical governance, while giving the Secretary of Health powers to inspect, fine, and cancel licences when facilities fall short."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Compared with a basic licensing instrument that authorises, fees and inspects private hospitals, this version has expanded into detailed clinical governance, operational and reporting regulation. Examples in the current text include mandatory monthly clinical and financial reporting to the Secretary (Regulation 12), a high specified minimum insurance cover ($20,000,000 per event) (Regulation 13), explicit automatic licence cancellation on loss of accreditation (Schedule 1 Part 2 cl.2(3)), and detailed restraint and authorisation rules for specialised services (Schedules 2–4). The instrument also increasingly embeds external national standards (ANZCA, Commission documents) and delegates significant practical discretion to the Secretary (approvals, exemptions, building‑class determinations). An amendment is recorded (S.R. 2023 No.14) showing the regulations have been updated since initial commencement, reflecting growth in technical detail and compliance obligations beyond only administrative licensing."},"complexity_factors":["Extensive interpretation section with many defined terms and cross‑references to multiple Acts and external bodies (Regulation 3)","Six substantive Schedules containing multi‑part, technical standards (Schedules 1–6)","Numerous cross‑references to external standards and guidance (ANZCA, Commission, Standards Australia, ISO) and to other statutes (Poisons Act, Building Act, Workers Rehabilitation and Compensation Act)","Tiered fee and penalty formulas with multiple conditional elements (Regulations 8–16; Regulation 9 has multi‑component fee calculations and bed‑number bands)","Multiple layers of conditional discretion and exceptions (Secretary may approve alternatives, grant exemptions, determine building class for a particular centre)","Detailed operational and clinical requirements (sterilisation, infection control, equipment lists, staffing, credentialling) that reference other documents and have technical subrequirements (Schedules 1–4)","Procedural and governance complexity for medical advisory committees including quorum, membership rules, conflict rules and appeal paths (Schedule 5)","Retention and access regimes for health records with age‑dependent retention periods and appeal/remedy steps (Schedule 1 Part 5)","Infringement schedule mapping many statutory provisions to specific penalty units, adding enforcement complexity (Schedule 6)","Amendments noted within the instrument (e.g. S.R. 2023 No. 14) requiring readers to track applied changes"],"plain_english_summary":"**What these regulations do (mechanics)\n\n- Set the rules private hospitals and day-procedure centres must follow to be licensed and to keep their licence. (Regulations 4, 6, Schedules 1–4)\n- Prescribe the classes of hospitals and day-procedure centres (general, surgical, maternity, rehabilitation, psychiatric; and low‑risk, endoscopic, surgical day‑procedure). (Regulation 5)\n- Specify the detailed licensing standards that attach to each class (building standards, staffing, clinical governance, equipment, infection control, record‑keeping, child‑care rules, and special authorisations such as intensive care or cardiac catheterisation). (Regulation 6; Schedules 1–4)\n- Fix fees and penalties: application, transfer, amendment and annual licence fees (expressed in fee units and tiered by class, services authorised and bed numbers), plus prescribed fines for breaches and an infringement schedule. (Regulations 8–16; Schedule 6)\n- Require monthly reporting of clinical and financial information to the Secretary in an approved form. (Regulation 12)\n- Require licensees to hold approved insurance (minimum cover $20,000,000 per event) and workers' compensation cover. (Regulation 13)\n- Set governance obligations: appointment and operation of a medical advisory committee, credentialling and periodic review of practitioners, disclosure of practitioners’ pecuniary interests, and requirements for change‑of‑ownership notifications. (Schedules 1 (Part 2), Schedule 5; Part 3 regs 17–18; Regulation 21)\n- Regulate patient matters: admission/discharge procedures, health record content and retention periods, patient access to records and confidentiality, identification bands, special rules for child and neonatal patients, and processes for sentinel events and transfers. (Schedule 1 Parts 4–5; Schedules 2–4)\n- Allow the Secretary significant implementing discretion: approving alternatives to some requirements, endorsing licences for child patients or specialised services, setting bed numbers for fee tiers, and determining building category in specified cases. (E.g. Regulation 6 references; Schedule 1 clauses on Secretary decisions)\n\nWho is affected\n\n- Licensees (owners/operators) of private hospitals and day‑procedure centres: primary duty‑holders for compliance, fees, insurance and reporting. (Regulation 7; Regulations 8–16; 12–13)\n- Medical practitioners and dentists practising at those establishments: must be credentialled, disclose certain financial interests, and be subject to scope‑of‑practice rules and committee oversight. (Schedules 1, 5; Regulations 17–18)\n- Nursing and ancillary staff: minimum staffing, qualifications, roster and record obligations. (Schedule 1 Parts 3 and 6)\n- Patients (and their representatives): affected through identification, record‑keeping, access to records, limits on child admissions and on what specialised services can be provided at particular establishments. (Schedule 1 Parts 4–5)\n- The Secretary/Department of Health: enforcement, licence administration, approvals and receipt of reporting and incident notifications. (Multiple provisions)\n\nWhy it matters (stated purposes and operational consequences)\n\n- The stated purpose in the instrument is to secure safety, quality and consistent minimum standards for private hospitals and day‑procedure centres (see Schedule 1 Part 2: objects; multiple references to national standards and accreditation). Implementing mechanics that follow from that purpose include mandatory accreditation, credentialling standards, infection control, equipment lists, and incident reporting.\n\n- Practical trade‑offs and implementation points to note (with citations):\n  - Compliance costs and operating incentives: licence fees are tiered by class, bed numbers and authorised specialised services (Regulation 9). Insurance minimum ($20,000,000 per event) and monthly reporting obligations (Regulation 12; Regulation 13) impose direct costs and administrative burdens on licensees.\n  - Market effects / barriers to entry: the combination of building class requirements (National Construction Code references in Schedule 1, cl.1), accreditation within defined timeframes (Schedule 1 Part 2 cl.2), high insurance minima and equipment/staffing lists for specialist services can raise the fixed and ongoing costs of operating a facility, potentially limiting small providers or new entrants.\n  - Concentrated vs diffuse effects: benefits (clinical governance, patient safety) are concentrated for patients and regulators; costs (insurance, staffing, reporting) are concentrated on licensees. Fee and penalty structures (Regulations 8–16; Schedule 6) impose predictable fiscal liabilities.\n  - Bureaucratic discretion and administrative risk: the Secretary may approve exceptions, substitute arrangements, determine building class requirements in particular cases, and cancel licences if accreditation lapses (Schedule 1 Part 2 cl.2; other provisions). That discretion helps tailoring but creates compliance uncertainty and appeals risk.\n  - Data and oversight trade‑offs: mandatory monthly clinical and financial reporting (Regulation 12) supports planning and benchmarking but raises privacy, IT and resourcing requirements for licensees.\n  - Clinical standards are largely implemented by reference to external national/collegial documents (ANZCA guidelines, Commission standards, Standards Australia, ISO), and the regulations adopt later amendments of those documents automatically (Regulation 3(2)(d)–(g)). This reduces the need for frequent regulatory amendments but means licensees must track evolving external standards.\n\nConcrete sections to watch for operational compliance\n\n- Insurance minimum and basis of cover: Regulation 13(2)\n- Monthly reporting requirement and timeframe: Regulation 12(1)–(2)\n- Accreditation requirement and licence cancellation on loss of accreditation: Schedule 1 Part 2 cl.2(1)–(3)\n- Annual licence fee formula (private hospital/day‑procedure centre): Regulation 9(2)–(3)\n- Practitioner pecuniary interest notification and display obligations: Regulations 17–18\n- Infringement offences and unit penalties: Regulation 22 and Schedule 6\n\nOverall, the regulations translate the licensing powers in the Health Service Establishments Act into detailed operational and clinical rules, with explicit cost, compliance and governance consequences for licence holders and defined reporting and enforcement responsibilities for the Secretary."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"Based on available metadata only, there is no evidence of scope change from original intent. The regulations appear to remain focused on their core purpose of regulating health service establishments in Tasmania. A definitive assessment would require full text analysis."},"complexity_factors":["Regulations operate under a parent Act (Health Service Establishments Act), requiring cross-reference to understand full legal obligations","Likely contains technical healthcare and administrative standards requiring specialist knowledge to interpret","Multiple categories of health establishments may be subject to different rules within the same instrument","Has been amended (Table of Amendments referenced), meaning the current version consolidates changes that must be tracked","Compliance obligations likely span multiple agencies and professional bodies","Full text was not available for analysis, limiting certainty of assessment"],"plain_english_summary":"These Tasmanian regulations govern private health service establishments (private hospitals, day surgeries, fertility clinics, etc.), setting the legal baseline for how those facilities must operate. They affect facility owners and operators, healthcare staff, patients, and regulators.\n\nThey cover licensing, safety and care standards, inspections, recordkeeping and fees, and matter because non‑compliance can lead to fines, licence loss, or closure. For exact obligations consult the full text."}},"importantCases":[],"_links":{"self":"/api/acts/health-service-establishments-regulations-2021","history":"/api/acts/health-service-establishments-regulations-2021/history","analysis":"/api/acts/health-service-establishments-regulations-2021/analysis","conflicts":"/api/acts/health-service-establishments-regulations-2021/conflicts","importantCases":"/api/acts/health-service-establishments-regulations-2021/important-cases","documents":"/api/acts/health-service-establishments-regulations-2021/documents"}}