{"id":"health-services-day-hospital-facility-determination-2016","name":"Health Services (Day Hospital Facility) Determination 2016","slug":"health-services-day-hospital-facility-determination-2016","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176792,"registerId":"wa-health-services-day-hospital-facility-determination-2016-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Health Services (Day Hospital Facility) Determination 2016","content":"![Crest]()Western Australia\n\nHealth Services Act 2016\n\nHealth Services (Day Hospital Facility) Determination 2016\n\n`Western Australia\n\nHealth Services (Day Hospital Facility) Determination 2016\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Health services provided by day hospital facility 1\n\nNotes\n\nCompilation table 3\n\nDefined terms\n\n  \n\nHealth Services Act 2016\n\nHealth Services (Day Hospital Facility) Determination 2016\n\n##### 1. Citation\n\n\t\tThis determination is the *Health Services (Day Hospital Facility) Determination 2016*.\n\n##### 2. Commencement\n\nThis determination comes into operation on the day on which the *Health Services Act 2016* section 262(5) comes into operation.\n\n##### 3. Health services provided by day hospital facility\n\n(1) In this clause —\n\nmental illness has the meaning given in the *Mental Health Act 2014* section 4;\n\nmulti‑disciplinary team means a team of health professionals that includes at least one psychiatrist, one clinical psychologist, one registered mental health nurse, one occupational therapist and one social worker;\n\nprocedure means an elective surgical or medical procedure;\n\npsychiatrist has the meaning given in the *Mental Health Act 2014* section 4.\n\n(2) The following health services are determined for the purposes of the definition of ***day hospital facility*** in section 8(1) of the Act —\n\n(a) a procedure that involves the administration of a general, spinal or epidural anaesthetic;\n\n(b) a procedure performed under sedation, plexus blockade or Biers Block;\n\n(c) a procedure that involves the invasion of a sterile body cavity;\n\n(d) peritoneal dialysis and haemodialysis for the treatment of end stage renal failure;\n\n(e) a psychiatric treatment programme that —\n\n(i) is for a patient who has a mental illness; and\n\n(ii) is provided by a multi‑disciplinary team under the direction and supervision of a psychiatrist; and\n\n(iii) is a half or full day programme that consists of more than one type of mainstream therapeutic activity.\n\nNotes\n\n1 This is a compilation of the *Health Services (Day Hospital Facility) Determination 2016*. The following table contains information about this determination.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Health Services (Day Hospital Facility) Determination 2016* | 17 Jun 2016 p. 2098‑9 | 1 Jul 2016 (cl. 2 and *Gazette* 24 Jun 2016 p. 2291) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nmental illness 3(1)\n\nmulti‑disciplinary team 3(1)\n\nprocedure 3(1)\n\npsychiatrist 3(1)\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This Determination is a clarifying, narrowly targeted instrument that specifies which clinical services are treated as being provided by a \"day hospital facility\" for the Health Services Act definition. It does not broaden the Act’s subject‑matter; rather it operationalises the Act’s definition by listing particular procedures and a defined form of psychiatric programme (cl. 3). There is no indication in the text that the Determination expands the original statutory purpose beyond setting those boundaries."},"complexity_factors":["Very short instrument (3 clauses total)","4 defined terms in clause 3(1)","Five enumerated service categories in clause 3(2)","Cross‑references to other Acts: Health Services Act 2016 (s.8(1), s.262(5)) and Mental Health Act 2014 s.4","Conditional logic in cl. 3(2)(e) — three conjunctive requirements for psychiatric programmes","Low nesting and few exceptions (no multi‑layered exemptions)","Limited ambiguous language (one or two undefined phrases like “mainstream therapeutic activity”)"],"plain_english_summary":"**What this instrument does (short form)**\n\n- This Determination lists the specific kinds of health services that count as being “provided by a day hospital facility” for the purposes of the Health Services Act 2016 (see clause 3(2)).\n- It is a short, technical instrument that clarifies which clinical activities fall into the statutory category “day hospital facility”.\n\n**The services it declares are (cl. 3(2))**\n- Procedures involving a general, spinal or epidural anaesthetic (cl. 3(2)(a)).\n- Procedures performed under sedation, plexus blockade or Biers block (cl. 3(2)(b)).\n- Procedures that involve entry into a sterile body cavity (cl. 3(2)(c)).\n- Peritoneal dialysis and haemodialysis for end stage renal failure (cl. 3(2)(d)).\n- A psychiatric treatment programme that meets three conditions: (i) it is for a patient who has a mental illness (as defined in the Mental Health Act 2014 s.4), (ii) it is provided by a defined multi‑disciplinary team under the direction and supervision of a psychiatrist, and (iii) it is a half‑ or full‑day programme made up of more than one mainstream therapeutic activity (cl. 3(2)(e)).\n\n**Key defined terms used in the Determination (cl. 3(1))**\n- \"procedure\": an elective surgical or medical procedure.\n- \"multi‑disciplinary team\": must include at least one psychiatrist, one clinical psychologist, one registered mental health nurse, one occupational therapist and one social worker.\n- \"mental illness\" and \"psychiatrist\": use the meanings given in the Mental Health Act 2014 s.4.\n\n**Who this affects**\n- Providers who run or wish to be treated as a day hospital facility (public and private). If a service a provider offers fits one of the listed categories, that service will be regarded as being provided by a day hospital facility for the Act’s purposes (cl. 3(2)).\n- Health planners, regulators and funders who apply the Health Services Act’s regulatory or administrative rules to day hospital facilities — because this Determination fixes the boundary of which services are captured.\n- Specialist staff rosters and contracting: providers of psychiatric day programmes will need to meet the multi‑disciplinary staffing composition to fall within the psychiatric programme category.\n\n**How it matters mechanically**\n- The Determination does not itself create licences or funding rules; rather it specifies which services the statutory label \"day hospital facility\" covers (cl. 3). That label then determines which parts of the Health Services Act apply to those services (see cross‑reference to s.8(1) of the Act in the Determination heading).\n- Operationally, a facility offering (for example) same‑day dialysis or procedures under spinal anaesthetic will be captured; a psychiatric half‑day programme will only be captured if it meets the staffing, supervision and content conditions in cl. 3(2)(e).\n- The instrument commences when the Health Services Act 2016 s.262(5) commences (cl. 2), so it takes effect only once that part of the Act is in force.\n\n**Official purpose claim and practical tests**\n- The Determination’s explicit purpose is to identify, for the Act’s definition of \"day hospital facility,\" the specific clinical services that fall within that definition (cl. 3).\n- Practical effects and trade‑offs to note:\n  - Compliance and staffing cost: psychiatric programmes must meet a single, specified composition of professions (cl. 3(1)), which may raise staffing and contracting costs for providers who want their programme to be treated as a day hospital service.\n  - Infrastructure and clinical governance: procedures requiring anaesthesia or sterile‑cavity entry, and dialysis, imply physical and clinical governance standards; being captured by the Act may therefore entail regulatory compliance, reporting or standards obligations under the Health Services Act framework.\n  - Business model and substitution effects: providers may alter service delivery (e.g. change staffing or programme design) to fall inside or outside the Determination depending on whether regulatory treatment is advantageous.\n  - Certainty vs. edge cases: the Determination provides clear categories for many services, but some terms (for example, what counts as a “mainstream therapeutic activity”) are not exhaustively defined and may require regulatory interpretation in borderline cases.\n\n**Who pays, who decides, and likely behaviour changes**\n- Who pays: likely costs fall on service providers who must meet staffing, facility or compliance obligations once their service is captured by the day hospital definition. That can affect operating costs and pricing. Regulators and funders bear administrative costs of applying the definition.\n- Who decides: the Determination (an administrative instrument) fixes the statutory boundary; regulators apply the Act to services that fall within that boundary. Providers decide whether and how to structure services to meet (or avoid) those boundaries.\n- Behaviour changes: providers may re‑structure staffing or programme content, or seek alternative service delivery models, in response to whether their activities are captured.\n\n**Implementation risks and open questions**\n- Enforcement will rely on regulators applying the definition in practice; ambiguous phrases (e.g. “mainstream therapeutic activity”) could generate disputes or require policy guidance.\n- The multi‑disciplinary team composition is prescriptive and may be impractical in some regional or small‑scale settings unless workforce or funding arrangements change.\n\n(References: Health Services (Day Hospital Facility) Determination 2016, cl. 2–3; cross‑references to Health Services Act 2016 s.8(1) and s.262(5), and Mental Health Act 2014 s.4.)"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text is entirely unavailable. No comparison between original intent and enacted provisions is possible."},"complexity_factors":["No legislative text is available — the source page has been taken offline","Cannot assess actual provisions, definitions, or obligations","Only the title and administrative metadata are accessible","Any complexity rating is speculative without the full document"],"plain_english_summary":"The Health Services (Day Hospital Facility) Determination 2016 is a Western Australian ministerial determination that designates or governs day hospital facilities — services providing same‑day medical treatment without overnight stays. It affects private day surgery centres, patients using same‑day services, and health service providers by defining which facilities are recognised for regulation or funding.\n\nThe instrument’s text is currently unavailable; contact the Parliamentary Counsel’s Office or WA legislation site for the full wording."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a standard definitional determination that performs exactly the function intended by section 262(5) of the Health Services Act 2016 — specifying which health services constitute a 'day hospital facility'. The scope remains tightly confined to this definitional purpose with no expansion beyond the original legislative intent."},"complexity_factors":["Very short document (3 operative clauses plus administrative provisions)","Only 4 defined terms, all with straightforward definitions or external references","Single operative provision (clause 3) with minimal conditional logic","No cross-references to other sections of the parent Act beyond the definition being expanded","Clear, itemised list format for the services covered (paragraphs (a) through (e))","Simple commencement mechanism tied to parent Act provision"],"plain_english_summary":"This Western Australian law defines what counts as a 'day hospital facility' under the Health Services Act 2016. It lists specific medical and psychiatric services that, when provided, mean a facility is legally considered a day hospital. This matters because day hospitals must meet particular licensing and safety standards.\n\n**What services are covered?**\nThe determination covers five types of health services:\n\n*   **Surgical procedures with anaesthesia** — operations using general anaesthetic (puts you fully to sleep), spinal anaesthetic (numbs lower body), or epidural (numbs specific areas)\n*   **Procedures with sedation or nerve blocks** — operations using sedation (calming drugs), plexus blockade (numbing a network of nerves), or Biers Block (numbing a limb using a tourniquet and IV drugs)\n*   **Invasive procedures** — any procedure that enters a sterile body cavity (spaces inside the body that should be germ-free, like the abdomen or chest)\n*   **Dialysis** — peritoneal dialysis (using the abdominal lining to filter blood) and haemodialysis (using a machine to filter blood) for people with end-stage kidney failure\n*   **Psychiatric day programmes** — structured mental health treatment that:\n    *   Is for people with diagnosed mental illness\n    *   Is run by a team including a psychiatrist, clinical psychologist, mental health nurse, occupational therapist, and social worker\n    *   Lasts at least half a day and includes multiple types of therapy\n\n**Who does this affect?**\nHealthcare providers running facilities that offer any of these services. If they provide these specific services, they are legally operating a 'day hospital facility' and must comply with the licensing requirements of the Health Services Act 2016.\n\n**Why does this matter?**\nThis determination sets the threshold for regulation. It tells facility operators: 'If you do any of these things, you need a licence as a day hospital.' This protects patients by ensuring higher safety standards for procedures that carry significant medical risks."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/health-services-day-hospital-facility-determination-2016","history":"/api/acts/health-services-day-hospital-facility-determination-2016/history","analysis":"/api/acts/health-services-day-hospital-facility-determination-2016/analysis","conflicts":"/api/acts/health-services-day-hospital-facility-determination-2016/conflicts","importantCases":"/api/acts/health-services-day-hospital-facility-determination-2016/important-cases","documents":"/api/acts/health-services-day-hospital-facility-determination-2016/documents"}}