{"id":"qld:act-1999-060","name":"Private Health Facilities Act 1999","slug":"private-health-facilities-act-1999","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"60 of 1999","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104655,"registerId":"qld-act-1999-060-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Private Health Facilities Act 1999 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Main object of Act and its achievement","content":"### sec.3 Main object of Act and its achievement\n\nThe main object of this Act is to provide a framework for protecting the health and wellbeing of patients receiving health services at private health facilities.\nThe object is to be achieved mainly by—\nenabling standards to be made for the provision of health services at private health facilities; and\nrequiring persons proposing to operate private health facilities to first hold approvals; and\nrequiring persons to hold licences for the operation of the facilities; and\nproviding for compliance with this Act to be monitored and enforced.\n(sec.3-ssec.1) The main object of this Act is to provide a framework for protecting the health and wellbeing of patients receiving health services at private health facilities.\n(sec.3-ssec.2) The object is to be achieved mainly by— enabling standards to be made for the provision of health services at private health facilities; and requiring persons proposing to operate private health facilities to first hold approvals; and requiring persons to hold licences for the operation of the facilities; and providing for compliance with this Act to be monitored and enforced.\n- (a) enabling standards to be made for the provision of health services at private health facilities; and\n- (b) requiring persons proposing to operate private health facilities to first hold approvals; and\n- (c) requiring persons to hold licences for the operation of the facilities; and\n- (d) providing for compliance with this Act to be monitored and enforced.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Outline of approval and licensing requirements","content":"### sec.4 Outline of approval and licensing requirements\n\nOnly a licensee may operate a private health facility.\nSee section 39 (Licences required to operate private health facilities).\nOnly the person operating the facility is required to be licensed (not, for example, another person who merely owns the facility).\nA person may become the licensee of a private health facility only if—\nthe person first holds an approval for the facility; or\nthe person is the transferee of the licence for the facility; or\nSee part 6 (Licences), division 7 (Dealings affecting licences), subdivision 3 (Transfers of licences).\nthe person is the personal representative of a deceased licensee’s estate and is taken to be a licensee under section 75 .\n(sec.4-ssec.1) Only a licensee may operate a private health facility. See section 39 (Licences required to operate private health facilities).\n(sec.4-ssec.2) Only the person operating the facility is required to be licensed (not, for example, another person who merely owns the facility).\n(sec.4-ssec.3) A person may become the licensee of a private health facility only if— the person first holds an approval for the facility; or the person is the transferee of the licence for the facility; or See part 6 (Licences), division 7 (Dealings affecting licences), subdivision 3 (Transfers of licences). the person is the personal representative of a deceased licensee’s estate and is taken to be a licensee under section 75 .\n- (a) the person first holds an approval for the facility; or\n- (b) the person is the transferee of the licence for the facility; or Editor’s note— See part 6 (Licences), division 7 (Dealings affecting licences), subdivision 3 (Transfers of licences).\n- (c) the person is the personal representative of a deceased licensee’s estate and is taken to be a licensee under section 75 .","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Act binds all persons","content":"### sec.5 Act binds all persons\n\nThis Act binds all persons, including the State.","sortOrder":5},{"sectionNumber":"pt.2","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":6},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Definitions","content":"## Definitions","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Definitions","content":"### sec.6 Definitions\n\nThe dictionary in schedule 3 defines particular words used in this Act.","sortOrder":8},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Basic concepts","content":"## Basic concepts","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"Meaning of health service","content":"### sec.7 Meaning of health service\n\nA health service is a service provided to a person for maintaining, improving or restoring the person’s health and wellbeing.","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Meaning of private health facility","content":"### sec.8 Meaning of private health facility\n\nA private health facility is—\na private hospital; or\na day hospital.\n- (a) a private hospital; or\n- (b) a day hospital.","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Meaning of private hospital","content":"### sec.9 Meaning of private hospital\n\nA private hospital is a facility at which health services are provided to persons who are discharged from the facility on a day other than the day on which the persons were admitted to the facility.\nHowever, a private hospital does not include the following—\na hospital operated by the State;\na nursing home, hostel, or other facility at which accommodation, and nursing or personal care, is provided to persons who, because of infirmity, illness, disease, incapacity or disability, have a permanent need for nursing or personal care.\n(sec.9-ssec.1) A private hospital is a facility at which health services are provided to persons who are discharged from the facility on a day other than the day on which the persons were admitted to the facility.\n(sec.9-ssec.2) However, a private hospital does not include the following— a hospital operated by the State; a nursing home, hostel, or other facility at which accommodation, and nursing or personal care, is provided to persons who, because of infirmity, illness, disease, incapacity or disability, have a permanent need for nursing or personal care.\n- (a) a hospital operated by the State;\n- (b) a nursing home, hostel, or other facility at which accommodation, and nursing or personal care, is provided to persons who, because of infirmity, illness, disease, incapacity or disability, have a permanent need for nursing or personal care.","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Meaning of day hospital","content":"### sec.10 Meaning of day hospital\n\nA day hospital is a facility at which day hospital health services are provided to persons who are admitted to, and discharged from, the facility on the same day, but does not include a facility operated by the State.\nHowever, a facility is not a day hospital merely because a day hospital health service is provided to a person at the facility if—\nthe service is provided to the person in an emergency; and\nit would be unreasonable, having regard to the health and wellbeing of the person, to move the person to another facility to receive the health service.\nIn this section—\nday hospital health service means any of the following health services—\na diagnostic, surgical or other procedure performed by a medical practitioner involving—\nthe administration of a general, spinal or epidural anaesthetic; or\nsedation, other than simple sedation;\na diagnostic, surgical or other procedure—\nperformed by, or under the direction of, a medical practitioner; and\ninvolving a significant risk that a person on whom the procedure is performed may, because of cardiac, respiratory or other complications arising from the performance of the procedure, require resuscitation; and\nprescribed under a regulation.\nsimple sedation means the administration of one or more drugs to a person, that depress the person’s central nervous system, to allow a procedure to be performed on the person by a medical practitioner in a way that—\nallows communication with the person to be maintained while the procedure is being performed; and\nmakes loss of the person’s consciousness unlikely.\n(sec.10-ssec.1) A day hospital is a facility at which day hospital health services are provided to persons who are admitted to, and discharged from, the facility on the same day, but does not include a facility operated by the State.\n(sec.10-ssec.2) However, a facility is not a day hospital merely because a day hospital health service is provided to a person at the facility if— the service is provided to the person in an emergency; and it would be unreasonable, having regard to the health and wellbeing of the person, to move the person to another facility to receive the health service.\n(sec.10-ssec.3) In this section— day hospital health service means any of the following health services— a diagnostic, surgical or other procedure performed by a medical practitioner involving— the administration of a general, spinal or epidural anaesthetic; or sedation, other than simple sedation; a diagnostic, surgical or other procedure— performed by, or under the direction of, a medical practitioner; and involving a significant risk that a person on whom the procedure is performed may, because of cardiac, respiratory or other complications arising from the performance of the procedure, require resuscitation; and prescribed under a regulation. simple sedation means the administration of one or more drugs to a person, that depress the person’s central nervous system, to allow a procedure to be performed on the person by a medical practitioner in a way that— allows communication with the person to be maintained while the procedure is being performed; and makes loss of the person’s consciousness unlikely.\n- (a) the service is provided to the person in an emergency; and\n- (b) it would be unreasonable, having regard to the health and wellbeing of the person, to move the person to another facility to receive the health service.\n- (a) a diagnostic, surgical or other procedure performed by a medical practitioner involving— (i) the administration of a general, spinal or epidural anaesthetic; or (ii) sedation, other than simple sedation;\n- (i) the administration of a general, spinal or epidural anaesthetic; or\n- (ii) sedation, other than simple sedation;\n- (b) a diagnostic, surgical or other procedure— (i) performed by, or under the direction of, a medical practitioner; and (ii) involving a significant risk that a person on whom the procedure is performed may, because of cardiac, respiratory or other complications arising from the performance of the procedure, require resuscitation; and (iii) prescribed under a regulation.\n- (i) performed by, or under the direction of, a medical practitioner; and\n- (ii) involving a significant risk that a person on whom the procedure is performed may, because of cardiac, respiratory or other complications arising from the performance of the procedure, require resuscitation; and\n- (iii) prescribed under a regulation.\n- (i) the administration of a general, spinal or epidural anaesthetic; or\n- (ii) sedation, other than simple sedation;\n- (i) performed by, or under the direction of, a medical practitioner; and\n- (ii) involving a significant risk that a person on whom the procedure is performed may, because of cardiac, respiratory or other complications arising from the performance of the procedure, require resuscitation; and\n- (iii) prescribed under a regulation.\n- (a) allows communication with the person to be maintained while the procedure is being performed; and\n- (b) makes loss of the person’s consciousness unlikely.","sortOrder":13},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Authority holders","content":"## Authority holders","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"Authority issued jointly to more than 1 person","content":"### sec.11 Authority issued jointly to more than 1 person\n\nA reference in this Act to an authority holder, for an authority issued jointly to more than 1 person, is a reference to each of the persons.","sortOrder":15},{"sectionNumber":"pt.3","sectionType":"part","heading":"Standards","content":"# Standards","sortOrder":16},{"sectionNumber":"sec.12","sectionType":"section","heading":"Chief health officer may make standards","content":"### sec.12 Chief health officer may make standards\n\nThe chief health officer may make standards under this Act for the protection of the health and wellbeing of patients receiving health services at private health facilities.\nStandards may be made about the following—\nthe particular types of health services to which patients at a private health facility must have access (whether or not the services are provided at the facility) when other health services of a particular type are provided at the facility;\nprocesses for—\nevaluating the credentials of medical practitioners providing, or seeking to provide, health services at private health facilities; and\ndeciding which health services may be provided by the medical practitioners at the facilities;\nprocesses for deciding ethical issues;\nprocesses for monitoring, evaluating and improving the quality of health services provided at private health facilities;\nthe day to day care and safety of patients, including admission and discharge procedures and patient records;\nmanagement and staffing arrangements;\nminimum patient throughput for health services provided at private health facilities and prescribed under a regulation;\nequipment, fittings and furnishings at private health facilities;\ninfection control;\na matter prescribed under a regulation for this subsection.\nA standard may be made requiring that a licensee of a private health facility licensed to provide major surgical services to patients must also—\nprovide intensive care and coronary care services to the patients at the facility; or\narrange for intensive care and coronary care services to be provided to the patients at another facility.\nA standard has no effect unless the Minister notifies the making of the standard.\nThe notice must state the places where copies of the standard and the provisions of any document applied, adopted or incorporated by the standard are available for inspection, without charge, during normal business hours.\nThe notice is subordinate legislation.\nIn this section—\nminimum patient throughput means the minimum number of patients required to receive a particular health service during a stated period to maintain the clinical skills of the staff providing the health service.\ns 12 amd 2003 No. 9 s 62\n(sec.12-ssec.1) The chief health officer may make standards under this Act for the protection of the health and wellbeing of patients receiving health services at private health facilities.\n(sec.12-ssec.2) Standards may be made about the following— the particular types of health services to which patients at a private health facility must have access (whether or not the services are provided at the facility) when other health services of a particular type are provided at the facility; processes for— evaluating the credentials of medical practitioners providing, or seeking to provide, health services at private health facilities; and deciding which health services may be provided by the medical practitioners at the facilities; processes for deciding ethical issues; processes for monitoring, evaluating and improving the quality of health services provided at private health facilities; the day to day care and safety of patients, including admission and discharge procedures and patient records; management and staffing arrangements; minimum patient throughput for health services provided at private health facilities and prescribed under a regulation; equipment, fittings and furnishings at private health facilities; infection control; a matter prescribed under a regulation for this subsection. A standard may be made requiring that a licensee of a private health facility licensed to provide major surgical services to patients must also— provide intensive care and coronary care services to the patients at the facility; or arrange for intensive care and coronary care services to be provided to the patients at another facility.\n(sec.12-ssec.3) A standard has no effect unless the Minister notifies the making of the standard.\n(sec.12-ssec.4) The notice must state the places where copies of the standard and the provisions of any document applied, adopted or incorporated by the standard are available for inspection, without charge, during normal business hours.\n(sec.12-ssec.5) The notice is subordinate legislation.\n(sec.12-ssec.6) In this section— minimum patient throughput means the minimum number of patients required to receive a particular health service during a stated period to maintain the clinical skills of the staff providing the health service.\n- (a) the particular types of health services to which patients at a private health facility must have access (whether or not the services are provided at the facility) when other health services of a particular type are provided at the facility;\n- (b) processes for— (i) evaluating the credentials of medical practitioners providing, or seeking to provide, health services at private health facilities; and (ii) deciding which health services may be provided by the medical practitioners at the facilities;\n- (i) evaluating the credentials of medical practitioners providing, or seeking to provide, health services at private health facilities; and\n- (ii) deciding which health services may be provided by the medical practitioners at the facilities;\n- (c) processes for deciding ethical issues;\n- (d) processes for monitoring, evaluating and improving the quality of health services provided at private health facilities;\n- (e) the day to day care and safety of patients, including admission and discharge procedures and patient records;\n- (f) management and staffing arrangements;\n- (g) minimum patient throughput for health services provided at private health facilities and prescribed under a regulation;\n- (h) equipment, fittings and furnishings at private health facilities;\n- (i) infection control;\n- (j) a matter prescribed under a regulation for this subsection. Example for paragraph (a) — A standard may be made requiring that a licensee of a private health facility licensed to provide major surgical services to patients must also— (a) provide intensive care and coronary care services to the patients at the facility; or (b) arrange for intensive care and coronary care services to be provided to the patients at another facility.\n- (a) provide intensive care and coronary care services to the patients at the facility; or\n- (b) arrange for intensive care and coronary care services to be provided to the patients at another facility.\n- (i) evaluating the credentials of medical practitioners providing, or seeking to provide, health services at private health facilities; and\n- (ii) deciding which health services may be provided by the medical practitioners at the facilities;\n- (a) provide intensive care and coronary care services to the patients at the facility; or\n- (b) arrange for intensive care and coronary care services to be provided to the patients at another facility.","sortOrder":17},{"sectionNumber":"pt.4","sectionType":"part","heading":"Suitability of persons to be authority holders","content":"# Suitability of persons to be authority holders","sortOrder":18},{"sectionNumber":"sec.13","sectionType":"section","heading":"Suitability of persons","content":"### sec.13 Suitability of persons\n\nThis section applies to the chief health officer in deciding—\nwhether a person who has applied for an authority for a private health facility or a proposed private health facility is a suitable person to hold the authority; or\nwhether a person who holds an authority for a private health facility or a proposed private health facility is a suitable person to continue to hold the authority.\nThe chief health officer may have regard to the following—\nwhether the person—\nhas the appropriate skills, knowledge and experience to operate the facility under a licence in accordance with the standards; or\nhas, or is able to obtain, the services of other persons with the appropriate skills, knowledge and experience to enable the person to operate the facility under a licence in accordance with the standards;\nif the person is a corporation, the skills, knowledge and experience of the corporation’s executive officers that are relevant to operating the facility under a licence in accordance with the standards;\nif the person has been convicted of a prescribed offence, the nature, and circumstances of the commission, of the offence;\nif the person is a corporation and any of the corporation’s executive officers have been convicted of a prescribed offence, the nature, and circumstances of the commission, of the offence;\nwhether the person held any of the following that was suspended or cancelled—\nan authority;\na licence under the repealed division;\nthe equivalent of an authority under a corresponding law;\nif the person is a corporation, whether any of the corporation’s executive officers held any of the following that was suspended or cancelled—\nan authority;\na licence under the repealed division;\nthe equivalent of an authority under a corresponding law;\nthe person’s current financial position and financial background;\nwhether the person has, or is able to obtain, financial resources the chief health officer reasonably considers are required for the financial viability of the operation of, or proposed operation of, the facility under a licence;\nthe suitability of associates of the person, as mentioned in section 14 ;\nanything else relevant to the health and wellbeing of persons who are receiving, or may receive, health services at the facility operated, or proposed to be operated, by the person.\nIn this section—\nprescribed offence means an indictable offence or an offence against this Act, the repealed division or a corresponding law.\ns 13 amd 2001 No. 78 s 183\n(sec.13-ssec.1) This section applies to the chief health officer in deciding— whether a person who has applied for an authority for a private health facility or a proposed private health facility is a suitable person to hold the authority; or whether a person who holds an authority for a private health facility or a proposed private health facility is a suitable person to continue to hold the authority.\n(sec.13-ssec.2) The chief health officer may have regard to the following— whether the person— has the appropriate skills, knowledge and experience to operate the facility under a licence in accordance with the standards; or has, or is able to obtain, the services of other persons with the appropriate skills, knowledge and experience to enable the person to operate the facility under a licence in accordance with the standards; if the person is a corporation, the skills, knowledge and experience of the corporation’s executive officers that are relevant to operating the facility under a licence in accordance with the standards; if the person has been convicted of a prescribed offence, the nature, and circumstances of the commission, of the offence; if the person is a corporation and any of the corporation’s executive officers have been convicted of a prescribed offence, the nature, and circumstances of the commission, of the offence; whether the person held any of the following that was suspended or cancelled— an authority; a licence under the repealed division; the equivalent of an authority under a corresponding law; if the person is a corporation, whether any of the corporation’s executive officers held any of the following that was suspended or cancelled— an authority; a licence under the repealed division; the equivalent of an authority under a corresponding law; the person’s current financial position and financial background; whether the person has, or is able to obtain, financial resources the chief health officer reasonably considers are required for the financial viability of the operation of, or proposed operation of, the facility under a licence; the suitability of associates of the person, as mentioned in section 14 ; anything else relevant to the health and wellbeing of persons who are receiving, or may receive, health services at the facility operated, or proposed to be operated, by the person.\n(sec.13-ssec.3) In this section— prescribed offence means an indictable offence or an offence against this Act, the repealed division or a corresponding law.\n- (a) whether a person who has applied for an authority for a private health facility or a proposed private health facility is a suitable person to hold the authority; or\n- (b) whether a person who holds an authority for a private health facility or a proposed private health facility is a suitable person to continue to hold the authority.\n- (a) whether the person— (i) has the appropriate skills, knowledge and experience to operate the facility under a licence in accordance with the standards; or (ii) has, or is able to obtain, the services of other persons with the appropriate skills, knowledge and experience to enable the person to operate the facility under a licence in accordance with the standards;\n- (i) has the appropriate skills, knowledge and experience to operate the facility under a licence in accordance with the standards; or\n- (ii) has, or is able to obtain, the services of other persons with the appropriate skills, knowledge and experience to enable the person to operate the facility under a licence in accordance with the standards;\n- (b) if the person is a corporation, the skills, knowledge and experience of the corporation’s executive officers that are relevant to operating the facility under a licence in accordance with the standards;\n- (c) if the person has been convicted of a prescribed offence, the nature, and circumstances of the commission, of the offence;\n- (d) if the person is a corporation and any of the corporation’s executive officers have been convicted of a prescribed offence, the nature, and circumstances of the commission, of the offence;\n- (e) whether the person held any of the following that was suspended or cancelled— (i) an authority; (ii) a licence under the repealed division; (iii) the equivalent of an authority under a corresponding law;\n- (i) an authority;\n- (ii) a licence under the repealed division;\n- (iii) the equivalent of an authority under a corresponding law;\n- (f) if the person is a corporation, whether any of the corporation’s executive officers held any of the following that was suspended or cancelled— (i) an authority; (ii) a licence under the repealed division; (iii) the equivalent of an authority under a corresponding law;\n- (i) an authority;\n- (ii) a licence under the repealed division;\n- (iii) the equivalent of an authority under a corresponding law;\n- (g) the person’s current financial position and financial background;\n- (h) whether the person has, or is able to obtain, financial resources the chief health officer reasonably considers are required for the financial viability of the operation of, or proposed operation of, the facility under a licence;\n- (i) the suitability of associates of the person, as mentioned in section 14 ;\n- (j) anything else relevant to the health and wellbeing of persons who are receiving, or may receive, health services at the facility operated, or proposed to be operated, by the person.\n- (i) has the appropriate skills, knowledge and experience to operate the facility under a licence in accordance with the standards; or\n- (ii) has, or is able to obtain, the services of other persons with the appropriate skills, knowledge and experience to enable the person to operate the facility under a licence in accordance with the standards;\n- (i) an authority;\n- (ii) a licence under the repealed division;\n- (iii) the equivalent of an authority under a corresponding law;\n- (i) an authority;\n- (ii) a licence under the repealed division;\n- (iii) the equivalent of an authority under a corresponding law;","sortOrder":19},{"sectionNumber":"sec.14","sectionType":"section","heading":"Suitability of associates","content":"### sec.14 Suitability of associates\n\nThe chief health officer may also have regard to the matters mentioned in section 13 (2) as they apply to an associate of the applicant or authority holder in deciding—\nfor an applicant for an authority—whether the applicant is a suitable person to hold the authority; or\nfor an authority holder—whether the authority holder is a suitable person to continue to hold the authority.\n- (a) for an applicant for an authority—whether the applicant is a suitable person to hold the authority; or\n- (b) for an authority holder—whether the authority holder is a suitable person to continue to hold the authority.","sortOrder":20},{"sectionNumber":"sec.15","sectionType":"section","heading":"Investigation of suitability of persons","content":"### sec.15 Investigation of suitability of persons\n\nThe chief health officer may investigate an applicant for an authority, an authority holder or an associate of an applicant or authority holder, to help in deciding—\nfor an applicant for an authority—whether the applicant is a suitable person to hold an authority of the kind applied for; or\nfor an authority holder—whether the authority holder is a suitable person to continue to hold the authority.\n- (a) for an applicant for an authority—whether the applicant is a suitable person to hold an authority of the kind applied for; or\n- (b) for an authority holder—whether the authority holder is a suitable person to continue to hold the authority.","sortOrder":21},{"sectionNumber":"sec.16","sectionType":"section","heading":"Criminal history reports for investigation","content":"### sec.16 Criminal history reports for investigation\n\nThe chief health officer, in investigating a person under section 15 , may ask the commissioner of the police service for a written report about the person’s criminal history.\nIf asked by the chief health officer, the commissioner of the police service must give the chief health officer a written report about the criminal history of the person, including the criminal history in the commissioner’s possession or to which the commissioner has access.\nSee section 147 (Confidentiality of information) for restrictions on disclosing information in a report under this section.\n(sec.16-ssec.1) The chief health officer, in investigating a person under section 15 , may ask the commissioner of the police service for a written report about the person’s criminal history.\n(sec.16-ssec.2) If asked by the chief health officer, the commissioner of the police service must give the chief health officer a written report about the criminal history of the person, including the criminal history in the commissioner’s possession or to which the commissioner has access. See section 147 (Confidentiality of information) for restrictions on disclosing information in a report under this section.","sortOrder":22},{"sectionNumber":"pt.5","sectionType":"part","heading":"Approvals","content":"# Approvals","sortOrder":23},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Applications for approvals","content":"## Applications for approvals","sortOrder":24},{"sectionNumber":"sec.17","sectionType":"section","heading":"Requirements about application for an approval","content":"### sec.17 Requirements about application for an approval\n\nAn application for an approval must—\nbe made to the chief health officer; and\nbe in the approved form; and\nbe accompanied by the fee prescribed under a regulation.\n- (a) be made to the chief health officer; and\n- (b) be in the approved form; and\n- (c) be accompanied by the fee prescribed under a regulation.","sortOrder":25},{"sectionNumber":"sec.18","sectionType":"section","heading":"Further information or documents to support application for an approval","content":"### sec.18 Further information or documents to support application for an approval\n\nThe chief health officer may, by written notice given to an applicant for an approval, require the applicant to give the chief health officer, within the reasonable time stated in the notice (but not less than 30 days), further information or a document about the application.\nThe information mentioned in subsection (1) must, if the notice requires, be verified by a statutory declaration.\nThe requirement may only relate to information or a document that is necessary and reasonable to help the chief health officer decide the application.\nA notice under subsection (1) must be given to the applicant within 60 days after the chief health officer receives the application.\nIf the applicant fails to comply with the requirement within the stated time, the applicant is taken to have withdrawn the application.\n(sec.18-ssec.1) The chief health officer may, by written notice given to an applicant for an approval, require the applicant to give the chief health officer, within the reasonable time stated in the notice (but not less than 30 days), further information or a document about the application.\n(sec.18-ssec.2) The information mentioned in subsection (1) must, if the notice requires, be verified by a statutory declaration.\n(sec.18-ssec.3) The requirement may only relate to information or a document that is necessary and reasonable to help the chief health officer decide the application.\n(sec.18-ssec.4) A notice under subsection (1) must be given to the applicant within 60 days after the chief health officer receives the application.\n(sec.18-ssec.5) If the applicant fails to comply with the requirement within the stated time, the applicant is taken to have withdrawn the application.","sortOrder":26},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Deciding applications for approvals","content":"## Deciding applications for approvals","sortOrder":27},{"sectionNumber":"sec.19","sectionType":"section","heading":"Decision about application for an approval","content":"### sec.19 Decision about application for an approval\n\nThe chief health officer must consider the application and either grant or refuse the application.\nThe chief health officer may grant an application for an approval only if the chief health officer is satisfied—\nthe applicant is a suitable person to hold the approval applied for; and\nSee part 4 (Suitability of persons to be authority holders).\nthe proposed facility, and the health services proposed to be provided at the facility, will comply with the relevant standards.\nIf the chief health officer decides to grant the application, the chief health officer must immediately issue the approval to the applicant.\nIf the chief health officer decides to refuse the application, the chief health officer must immediately give the applicant an information notice about the decision.\nSee schedule 3 (Dictionary).\n(sec.19-ssec.1) The chief health officer must consider the application and either grant or refuse the application.\n(sec.19-ssec.2) The chief health officer may grant an application for an approval only if the chief health officer is satisfied— the applicant is a suitable person to hold the approval applied for; and See part 4 (Suitability of persons to be authority holders). the proposed facility, and the health services proposed to be provided at the facility, will comply with the relevant standards.\n(sec.19-ssec.3) If the chief health officer decides to grant the application, the chief health officer must immediately issue the approval to the applicant.\n(sec.19-ssec.4) If the chief health officer decides to refuse the application, the chief health officer must immediately give the applicant an information notice about the decision. See schedule 3 (Dictionary).\n- (a) the applicant is a suitable person to hold the approval applied for; and Editor’s note— See part 4 (Suitability of persons to be authority holders).\n- (b) the proposed facility, and the health services proposed to be provided at the facility, will comply with the relevant standards.","sortOrder":28},{"sectionNumber":"sec.20","sectionType":"section","heading":"Further consideration of application for an approval","content":"### sec.20 Further consideration of application for an approval\n\nThis section applies if the chief health officer considers more time is needed to decide the application because of the complexity of the issues that need to be considered in deciding the application.\nThe chief health officer may, at any time before the final consideration day, give written notice to the applicant that—\nbecause of the complexity of the issues, the chief health officer needs more time to decide the application; and\nthe time within which the chief health officer must decide the application is extended to a stated day that is not more than 60 days after the final consideration day.\nIn this section—\nfinal consideration day means the later of the following days—\nthe day that is 60 days after receipt of the application;\nif further information or a document is required by a notice given under section 18 —the day that is 60 days after the information or document is given.\n(sec.20-ssec.1) This section applies if the chief health officer considers more time is needed to decide the application because of the complexity of the issues that need to be considered in deciding the application.\n(sec.20-ssec.2) The chief health officer may, at any time before the final consideration day, give written notice to the applicant that— because of the complexity of the issues, the chief health officer needs more time to decide the application; and the time within which the chief health officer must decide the application is extended to a stated day that is not more than 60 days after the final consideration day.\n(sec.20-ssec.3) In this section— final consideration day means the later of the following days— the day that is 60 days after receipt of the application; if further information or a document is required by a notice given under section 18 —the day that is 60 days after the information or document is given.\n- (a) because of the complexity of the issues, the chief health officer needs more time to decide the application; and\n- (b) the time within which the chief health officer must decide the application is extended to a stated day that is not more than 60 days after the final consideration day.\n- (a) the day that is 60 days after receipt of the application;\n- (b) if further information or a document is required by a notice given under section 18 —the day that is 60 days after the information or document is given.","sortOrder":29},{"sectionNumber":"sec.21","sectionType":"section","heading":"Application for an approval taken to be refused in certain circumstances","content":"### sec.21 Application for an approval taken to be refused in certain circumstances\n\nThe chief health officer is taken to have refused to grant the application if the chief health officer has not decided the application by the latest of the following days—\nthe day that is 60 days after receiving the application;\nif further information or a document is required by a notice given under section 18 —the day that is 60 days after the information or document is given;\nif the day for deciding the application is extended under section 20 —the extended day;\nif another day for deciding the application is agreed to by the applicant and the chief health officer—the agreed day.\n- (a) the day that is 60 days after receiving the application;\n- (b) if further information or a document is required by a notice given under section 18 —the day that is 60 days after the information or document is given;\n- (c) if the day for deciding the application is extended under section 20 —the extended day;\n- (d) if another day for deciding the application is agreed to by the applicant and the chief health officer—the agreed day.","sortOrder":30},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Form, conditions and term of approvals","content":"## Form, conditions and term of approvals","sortOrder":31},{"sectionNumber":"sec.22","sectionType":"section","heading":"Form of approval","content":"### sec.22 Form of approval\n\nAn approval must be in the approved form.\nThe approval must state the following particulars—\nthe name of the approval holder;\nthe day of issue of the approval;\nthe term of the approval;\ndetails about the proposed private health facility to which the approval relates, including—\nthe location of the proposed facility; and\nthe type of health services proposed to be provided at the proposed facility;\nthe conditions of the approval.\n(sec.22-ssec.1) An approval must be in the approved form.\n(sec.22-ssec.2) The approval must state the following particulars— the name of the approval holder; the day of issue of the approval; the term of the approval; details about the proposed private health facility to which the approval relates, including— the location of the proposed facility; and the type of health services proposed to be provided at the proposed facility; the conditions of the approval.\n- (a) the name of the approval holder;\n- (b) the day of issue of the approval;\n- (c) the term of the approval;\n- (d) details about the proposed private health facility to which the approval relates, including— (i) the location of the proposed facility; and (ii) the type of health services proposed to be provided at the proposed facility;\n- (i) the location of the proposed facility; and\n- (ii) the type of health services proposed to be provided at the proposed facility;\n- (e) the conditions of the approval.\n- (i) the location of the proposed facility; and\n- (ii) the type of health services proposed to be provided at the proposed facility;","sortOrder":32},{"sectionNumber":"sec.23","sectionType":"section","heading":"Conditions of approval","content":"### sec.23 Conditions of approval\n\nAn approval must be issued on condition that the approval holder must give the chief health officer written notice of a prescribed change within 21 days of the prescribed change.\nThe chief health officer may issue an approval on additional conditions the chief health officer considers necessary or desirable for—\nthe proper operation of the proposed facility under a licence; or\nthe health and wellbeing of patients who may receive health services at the proposed facility.\nIf the chief health officer decides to issue an approval on additional conditions, the chief health officer must immediately give the applicant an information notice about the decision.\nIn this section—\nprescribed change means a change—\nin a matter disclosed by an approval holder in an application under this Act; and\nof a kind prescribed under a regulation.\n(sec.23-ssec.1) An approval must be issued on condition that the approval holder must give the chief health officer written notice of a prescribed change within 21 days of the prescribed change.\n(sec.23-ssec.2) The chief health officer may issue an approval on additional conditions the chief health officer considers necessary or desirable for— the proper operation of the proposed facility under a licence; or the health and wellbeing of patients who may receive health services at the proposed facility.\n(sec.23-ssec.3) If the chief health officer decides to issue an approval on additional conditions, the chief health officer must immediately give the applicant an information notice about the decision.\n(sec.23-ssec.4) In this section— prescribed change means a change— in a matter disclosed by an approval holder in an application under this Act; and of a kind prescribed under a regulation.\n- (a) the proper operation of the proposed facility under a licence; or\n- (b) the health and wellbeing of patients who may receive health services at the proposed facility.\n- (a) in a matter disclosed by an approval holder in an application under this Act; and\n- (b) of a kind prescribed under a regulation.","sortOrder":33},{"sectionNumber":"sec.24","sectionType":"section","heading":"Term of approval","content":"### sec.24 Term of approval\n\nAn approval remains in force for the term, not more than 2 years, stated in the approval.","sortOrder":34},{"sectionNumber":"pt.5-div.4","sectionType":"division","heading":"Extension of term of approval","content":"## Extension of term of approval","sortOrder":35},{"sectionNumber":"sec.25","sectionType":"section","heading":"Extension of term of approval","content":"### sec.25 Extension of term of approval\n\nThe chief health officer may, on application by an approval holder, extend the term of the approval by not more than 2 years.\nSubsection (1) applies whether or not the term of the approval has already been extended under this section.\nAn application for an extension must—\nbe made to the chief health officer; and\nbe in the approved form; and\nbe accompanied by the fee prescribed under a regulation; and\nbe made within the period starting 60 days before the approval expires.\n(sec.25-ssec.1) The chief health officer may, on application by an approval holder, extend the term of the approval by not more than 2 years.\n(sec.25-ssec.2) Subsection (1) applies whether or not the term of the approval has already been extended under this section.\n(sec.25-ssec.3) An application for an extension must— be made to the chief health officer; and be in the approved form; and be accompanied by the fee prescribed under a regulation; and be made within the period starting 60 days before the approval expires.\n- (a) be made to the chief health officer; and\n- (b) be in the approved form; and\n- (c) be accompanied by the fee prescribed under a regulation; and\n- (d) be made within the period starting 60 days before the approval expires.","sortOrder":36},{"sectionNumber":"sec.26","sectionType":"section","heading":"Further information or documents to support application for extension","content":"### sec.26 Further information or documents to support application for extension\n\nThe chief health officer may, by written notice given to the approval holder, require the approval holder to give the chief health officer, within the reasonable time stated in the notice (but not less than 30 days), further information or a document about the application.\nThe information mentioned in subsection (1) must, if the notice requires, be verified by a statutory declaration.\nThe requirement may only relate to information or a document that is necessary and reasonable to help the chief health officer decide the application.\nIf the approval holder fails to comply with the requirement within the stated time, the approval holder is taken to have withdrawn the application.\n(sec.26-ssec.1) The chief health officer may, by written notice given to the approval holder, require the approval holder to give the chief health officer, within the reasonable time stated in the notice (but not less than 30 days), further information or a document about the application.\n(sec.26-ssec.2) The information mentioned in subsection (1) must, if the notice requires, be verified by a statutory declaration.\n(sec.26-ssec.3) The requirement may only relate to information or a document that is necessary and reasonable to help the chief health officer decide the application.\n(sec.26-ssec.4) If the approval holder fails to comply with the requirement within the stated time, the approval holder is taken to have withdrawn the application.","sortOrder":37},{"sectionNumber":"sec.27","sectionType":"section","heading":"Decision about application for extension","content":"### sec.27 Decision about application for extension\n\nThe chief health officer must consider the application and either grant or refuse the application.\nThe chief health officer may grant the application only if the chief health officer is satisfied that the approval holder has made reasonable efforts to progress the development of the proposed private health facility, taking into account—\nthe type of health services proposed to be provided at the proposed facility; and\nthe period that would reasonably be required to complete the development of the proposed facility.\nIf the chief health officer decides to grant the application, the chief health officer must immediately issue another approval for the extended term.\nIf the chief health officer decides to refuse the application, the chief health officer must immediately give the approval holder an information notice about the decision.\n(sec.27-ssec.1) The chief health officer must consider the application and either grant or refuse the application.\n(sec.27-ssec.2) The chief health officer may grant the application only if the chief health officer is satisfied that the approval holder has made reasonable efforts to progress the development of the proposed private health facility, taking into account— the type of health services proposed to be provided at the proposed facility; and the period that would reasonably be required to complete the development of the proposed facility.\n(sec.27-ssec.3) If the chief health officer decides to grant the application, the chief health officer must immediately issue another approval for the extended term.\n(sec.27-ssec.4) If the chief health officer decides to refuse the application, the chief health officer must immediately give the approval holder an information notice about the decision.\n- (a) the type of health services proposed to be provided at the proposed facility; and\n- (b) the period that would reasonably be required to complete the development of the proposed facility.","sortOrder":38},{"sectionNumber":"sec.28","sectionType":"section","heading":"Approval continues in force while application is considered","content":"### sec.28 Approval continues in force while application is considered\n\nIf an approval holder applies for an extension under section 25 , the approval continues in force from the day that it would, apart from this section, have expired until—\nif the application is granted—another approval is issued under section 27 (3) ; or\nif the application is withdrawn—the day the application is withdrawn; or\nif the application is refused—the day the information notice about the decision is given to the approval holder.\nSubsection (1) does not apply if the approval is earlier suspended or cancelled.\n(sec.28-ssec.1) If an approval holder applies for an extension under section 25 , the approval continues in force from the day that it would, apart from this section, have expired until— if the application is granted—another approval is issued under section 27 (3) ; or if the application is withdrawn—the day the application is withdrawn; or if the application is refused—the day the information notice about the decision is given to the approval holder.\n(sec.28-ssec.2) Subsection (1) does not apply if the approval is earlier suspended or cancelled.\n- (a) if the application is granted—another approval is issued under section 27 (3) ; or\n- (b) if the application is withdrawn—the day the application is withdrawn; or\n- (c) if the application is refused—the day the information notice about the decision is given to the approval holder.","sortOrder":39},{"sectionNumber":"pt.5-div.5","sectionType":"division","heading":"Dealings affecting approvals","content":"## Dealings affecting approvals","sortOrder":40},{"sectionNumber":"sec.29","sectionType":"section","heading":"Changing approval—chief health officer acting on own initiative","content":"### sec.29 Changing approval—chief health officer acting on own initiative\n\nThe chief health officer may decide to change—\ndetails about the proposed private health facility stated in the approval for the proposed facility, including the type of health services proposed to be provided at the proposed facility; or\nthe conditions of an approval under section 23 (2) , including by imposing additional conditions.\nHowever, subsection (1) applies only if the chief health officer considers it necessary or desirable to make the change—\nfor the proper operation of the proposed facility; or\nfor the health and wellbeing of patients who may receive health services at the proposed facility.\nBefore deciding to change an approval, the chief health officer must first give the approval holder a written notice (a notice of intention ) stating the following—\nthe proposed decision;\nthe grounds for the proposed decision;\nan outline of the facts and circumstances forming the basis for the grounds;\nan invitation to the approval holder to show within a stated period (the show cause period ) why the proposed decision should not be made.\nThe show cause period must be a period ending at least 21 days after the notice of intention is given to the approval holder.\nThe approval holder may make written representations about the proposed decision to the chief health officer in the show cause period.\nThe chief health officer must consider all written representations made in the show cause period by the authority holder before deciding whether or not to change the approval.\nIf, after giving the approval holder a notice of intention and taking into account any written representations made by the approval holder, the chief health officer decides to change the approval, the chief health officer must immediately give the approval holder an information notice about the decision.\nThe change to the approval takes effect on the day the information notice is given to the approval holder.\n(sec.29-ssec.1) The chief health officer may decide to change— details about the proposed private health facility stated in the approval for the proposed facility, including the type of health services proposed to be provided at the proposed facility; or the conditions of an approval under section 23 (2) , including by imposing additional conditions.\n(sec.29-ssec.2) However, subsection (1) applies only if the chief health officer considers it necessary or desirable to make the change— for the proper operation of the proposed facility; or for the health and wellbeing of patients who may receive health services at the proposed facility.\n(sec.29-ssec.3) Before deciding to change an approval, the chief health officer must first give the approval holder a written notice (a notice of intention ) stating the following— the proposed decision; the grounds for the proposed decision; an outline of the facts and circumstances forming the basis for the grounds; an invitation to the approval holder to show within a stated period (the show cause period ) why the proposed decision should not be made.\n(sec.29-ssec.4) The show cause period must be a period ending at least 21 days after the notice of intention is given to the approval holder.\n(sec.29-ssec.5) The approval holder may make written representations about the proposed decision to the chief health officer in the show cause period.\n(sec.29-ssec.6) The chief health officer must consider all written representations made in the show cause period by the authority holder before deciding whether or not to change the approval.\n(sec.29-ssec.7) If, after giving the approval holder a notice of intention and taking into account any written representations made by the approval holder, the chief health officer decides to change the approval, the chief health officer must immediately give the approval holder an information notice about the decision.\n(sec.29-ssec.8) The change to the approval takes effect on the day the information notice is given to the approval holder.\n- (a) details about the proposed private health facility stated in the approval for the proposed facility, including the type of health services proposed to be provided at the proposed facility; or\n- (b) the conditions of an approval under section 23 (2) , including by imposing additional conditions.\n- (a) for the proper operation of the proposed facility; or\n- (b) for the health and wellbeing of patients who may receive health services at the proposed facility.\n- (a) the proposed decision;\n- (b) the grounds for the proposed decision;\n- (c) an outline of the facts and circumstances forming the basis for the grounds;\n- (d) an invitation to the approval holder to show within a stated period (the show cause period ) why the proposed decision should not be made.","sortOrder":41},{"sectionNumber":"sec.30","sectionType":"section","heading":"Changing approval—application by approval holder","content":"### sec.30 Changing approval—application by approval holder\n\nAn approval holder may apply to the chief health officer to change—\ndetails about the proposed private health facility stated in the approval for the proposed facility, including the type of health services proposed to be provided at the proposed facility; or\nthe conditions of the approval under section 23 (2) .\nAn application to change an approval must—\nbe in the approved form; and\nbe accompanied by the fee prescribed under a regulation.\n(sec.30-ssec.1) An approval holder may apply to the chief health officer to change— details about the proposed private health facility stated in the approval for the proposed facility, including the type of health services proposed to be provided at the proposed facility; or the conditions of the approval under section 23 (2) .\n(sec.30-ssec.2) An application to change an approval must— be in the approved form; and be accompanied by the fee prescribed under a regulation.\n- (a) details about the proposed private health facility stated in the approval for the proposed facility, including the type of health services proposed to be provided at the proposed facility; or\n- (b) the conditions of the approval under section 23 (2) .\n- (a) be in the approved form; and\n- (b) be accompanied by the fee prescribed under a regulation.","sortOrder":42},{"sectionNumber":"sec.31","sectionType":"section","heading":"Further information or document to support application to change an approval","content":"### sec.31 Further information or document to support application to change an approval\n\nThe chief health officer may, by written notice given to an approval holder, require the approval holder to give the chief health officer, within the reasonable time stated in the notice (but not less than 30 days), further information or a document about the application.\nThe information mentioned in subsection (1) must, if the notice requires, be verified by a statutory declaration.\nThe requirement may only relate to information or a document that is necessary and reasonable to help the chief health officer decide the application.\nA notice under subsection (1) must be given to the approval holder within 60 days after the chief health officer receives the application.\nIf the approval holder fails to comply with the requirement within the stated time, the approval holder is taken to have withdrawn the application.\n(sec.31-ssec.1) The chief health officer may, by written notice given to an approval holder, require the approval holder to give the chief health officer, within the reasonable time stated in the notice (but not less than 30 days), further information or a document about the application.\n(sec.31-ssec.2) The information mentioned in subsection (1) must, if the notice requires, be verified by a statutory declaration.\n(sec.31-ssec.3) The requirement may only relate to information or a document that is necessary and reasonable to help the chief health officer decide the application.\n(sec.31-ssec.4) A notice under subsection (1) must be given to the approval holder within 60 days after the chief health officer receives the application.\n(sec.31-ssec.5) If the approval holder fails to comply with the requirement within the stated time, the approval holder is taken to have withdrawn the application.","sortOrder":43},{"sectionNumber":"sec.32","sectionType":"section","heading":"Decision about application to change an approval","content":"### sec.32 Decision about application to change an approval\n\nThe chief health officer must consider the application and either grant or refuse the application.\nThe chief health officer may decide to grant the application only if the chief health officer is satisfied—\nthe approval holder is a suitable person to continue to hold the approval; and\nSee part 4 (Suitability of persons to be authority holders).\nunder the changed approval, the proposed facility, and the health services proposed to be provided at the facility, will comply with the relevant standards.\nIf the chief health officer decides to grant the application, the chief health officer must immediately give the approval holder a written notice (a change notice ) stating the decision.\nIf the chief health officer decides to refuse the application, the chief health officer must immediately give the approval holder an information notice about the decision.\nA change to the approval takes effect on the day the change notice is given to the approval holder.\n(sec.32-ssec.1) The chief health officer must consider the application and either grant or refuse the application.\n(sec.32-ssec.2) The chief health officer may decide to grant the application only if the chief health officer is satisfied— the approval holder is a suitable person to continue to hold the approval; and See part 4 (Suitability of persons to be authority holders). under the changed approval, the proposed facility, and the health services proposed to be provided at the facility, will comply with the relevant standards.\n(sec.32-ssec.3) If the chief health officer decides to grant the application, the chief health officer must immediately give the approval holder a written notice (a change notice ) stating the decision.\n(sec.32-ssec.4) If the chief health officer decides to refuse the application, the chief health officer must immediately give the approval holder an information notice about the decision.\n(sec.32-ssec.5) A change to the approval takes effect on the day the change notice is given to the approval holder.\n- (a) the approval holder is a suitable person to continue to hold the approval; and Editor’s note— See part 4 (Suitability of persons to be authority holders).\n- (b) under the changed approval, the proposed facility, and the health services proposed to be provided at the facility, will comply with the relevant standards.","sortOrder":44},{"sectionNumber":"sec.33","sectionType":"section","heading":"Further consideration of application to change an approval","content":"### sec.33 Further consideration of application to change an approval\n\nThis section applies if the chief health officer considers more time is needed to decide the application because of the complexity of the issues that need to be considered in deciding the application.\nThe chief health officer may, at any time before the final consideration day, give written notice to the approval holder that—\nbecause of the complexity of the issues, the chief health officer needs more time to decide the application; and\nthe time within which the chief health officer must decide the application is extended to a stated day that is not more than 60 days after the final consideration day.\nIn this section—\nfinal consideration day means the later of the following days—\nthe day that is 60 days after the receipt of the application;\nif further information or a document is required by a notice given under section 31 —the day that is 60 days after the information or document is given.\n(sec.33-ssec.1) This section applies if the chief health officer considers more time is needed to decide the application because of the complexity of the issues that need to be considered in deciding the application.\n(sec.33-ssec.2) The chief health officer may, at any time before the final consideration day, give written notice to the approval holder that— because of the complexity of the issues, the chief health officer needs more time to decide the application; and the time within which the chief health officer must decide the application is extended to a stated day that is not more than 60 days after the final consideration day.\n(sec.33-ssec.3) In this section— final consideration day means the later of the following days— the day that is 60 days after the receipt of the application; if further information or a document is required by a notice given under section 31 —the day that is 60 days after the information or document is given.\n- (a) because of the complexity of the issues, the chief health officer needs more time to decide the application; and\n- (b) the time within which the chief health officer must decide the application is extended to a stated day that is not more than 60 days after the final consideration day.\n- (a) the day that is 60 days after the receipt of the application;\n- (b) if further information or a document is required by a notice given under section 31 —the day that is 60 days after the information or document is given.","sortOrder":45},{"sectionNumber":"sec.34","sectionType":"section","heading":"Application to change an approval taken to be refused in certain circumstances","content":"### sec.34 Application to change an approval taken to be refused in certain circumstances\n\nThe chief health officer is taken to have refused the application if the chief health officer has not decided the application by the latest of the following days—\nthe day that is 60 days after receiving the application;\nif further information or a document is required by a notice given under section 31 —the day that is 60 days after the information or document is given;\nif the day for deciding the application is extended under section 33 —the extended day;\nif another day for deciding the application is agreed to by the applicant and the chief health officer—the agreed day.\n- (a) the day that is 60 days after receiving the application;\n- (b) if further information or a document is required by a notice given under section 31 —the day that is 60 days after the information or document is given;\n- (c) if the day for deciding the application is extended under section 33 —the extended day;\n- (d) if another day for deciding the application is agreed to by the applicant and the chief health officer—the agreed day.","sortOrder":46},{"sectionNumber":"sec.35","sectionType":"section","heading":"Recording changes to approvals","content":"### sec.35 Recording changes to approvals\n\nThe approval holder must return the approval to the chief health officer within 7 days of receiving the information notice under section 29 (7) or the change notice, unless the approval holder has a reasonable excuse.\nMaximum penalty—10 penalty units.\nOn receiving the approval, the chief health officer must—\namend the approval in an appropriate way and return the amended approval to the approval holder; or\nissue a replacement approval, incorporating the change, to the approval holder.\nFailure to record the change by amending the approval, or to issue a replacement approval recording the change, does not affect the validity of the change.\n(sec.35-ssec.1) The approval holder must return the approval to the chief health officer within 7 days of receiving the information notice under section 29 (7) or the change notice, unless the approval holder has a reasonable excuse. Maximum penalty—10 penalty units.\n(sec.35-ssec.2) On receiving the approval, the chief health officer must— amend the approval in an appropriate way and return the amended approval to the approval holder; or issue a replacement approval, incorporating the change, to the approval holder.\n(sec.35-ssec.3) Failure to record the change by amending the approval, or to issue a replacement approval recording the change, does not affect the validity of the change.\n- (a) amend the approval in an appropriate way and return the amended approval to the approval holder; or\n- (b) issue a replacement approval, incorporating the change, to the approval holder.","sortOrder":47},{"sectionNumber":"sec.36","sectionType":"section","heading":"Surviving persons taken to be approval holder","content":"### sec.36 Surviving persons taken to be approval holder\n\nThis section applies if—\n2 or more individuals jointly are the holders of an approval; and\n1 or more, but not all, of the individuals die.\nThe following persons are taken to hold the approval—\nif only 1 individual survives—the surviving individual;\nif more than 1 individual survives—the surviving individuals jointly.\n(sec.36-ssec.1) This section applies if— 2 or more individuals jointly are the holders of an approval; and 1 or more, but not all, of the individuals die.\n(sec.36-ssec.2) The following persons are taken to hold the approval— if only 1 individual survives—the surviving individual; if more than 1 individual survives—the surviving individuals jointly.\n- (a) 2 or more individuals jointly are the holders of an approval; and\n- (b) 1 or more, but not all, of the individuals die.\n- (a) if only 1 individual survives—the surviving individual;\n- (b) if more than 1 individual survives—the surviving individuals jointly.","sortOrder":48},{"sectionNumber":"sec.37","sectionType":"section","heading":"Surrender of approvals","content":"### sec.37 Surrender of approvals\n\nAn approval holder may surrender the approval by giving written notice to the chief health officer.\nThe surrender of the approval takes effect—\nthe day the notice is given to the chief health officer; or\nif a later day is stated in the notice—on the later day.\nIf the approval is surrendered, the person who held the approval must, within 7 days after the surrender takes effect, return the approval to the chief health officer, unless the person has a reasonable excuse.\nMaximum penalty for subsection (3) —10 penalty units.\n(sec.37-ssec.1) An approval holder may surrender the approval by giving written notice to the chief health officer.\n(sec.37-ssec.2) The surrender of the approval takes effect— the day the notice is given to the chief health officer; or if a later day is stated in the notice—on the later day.\n(sec.37-ssec.3) If the approval is surrendered, the person who held the approval must, within 7 days after the surrender takes effect, return the approval to the chief health officer, unless the person has a reasonable excuse. Maximum penalty for subsection (3) —10 penalty units.\n- (a) the day the notice is given to the chief health officer; or\n- (b) if a later day is stated in the notice—on the later day.","sortOrder":49},{"sectionNumber":"sec.38","sectionType":"section","heading":"Replacing approvals","content":"### sec.38 Replacing approvals\n\nAn approval holder may apply to the chief health officer to replace the approval if it has been lost, stolen, destroyed or damaged.\nThe chief health officer must consider the application and either grant or refuse the application.\nThe chief health officer must grant the application if the chief health officer is satisfied the approval has been lost, stolen, destroyed or damaged in a way to require its replacement.\nIf the chief health officer decides to grant the application, the chief health officer must, on payment of the fee prescribed under a regulation, issue another approval to the applicant to replace the lost, stolen, destroyed or damaged approval.\nIf the chief health officer decides to refuse the application, the chief health officer must immediately give the applicant an information notice about the decision.\n(sec.38-ssec.1) An approval holder may apply to the chief health officer to replace the approval if it has been lost, stolen, destroyed or damaged.\n(sec.38-ssec.2) The chief health officer must consider the application and either grant or refuse the application.\n(sec.38-ssec.3) The chief health officer must grant the application if the chief health officer is satisfied the approval has been lost, stolen, destroyed or damaged in a way to require its replacement.\n(sec.38-ssec.4) If the chief health officer decides to grant the application, the chief health officer must, on payment of the fee prescribed under a regulation, issue another approval to the applicant to replace the lost, stolen, destroyed or damaged approval.\n(sec.38-ssec.5) If the chief health officer decides to refuse the application, the chief health officer must immediately give the applicant an information notice about the decision.","sortOrder":50},{"sectionNumber":"pt.6","sectionType":"part","heading":"Licences","content":"# Licences","sortOrder":51},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Licences for operation of private health facilities","content":"## Licences for operation of private health facilities","sortOrder":52},{"sectionNumber":"sec.39","sectionType":"section","heading":"Licences required to operate private health facilities","content":"### sec.39 Licences required to operate private health facilities\n\nA person must not operate a private health facility unless the person holds a licence for the facility.\nMaximum penalty—1,000 penalty units.\nIf a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 143 , to have also committed the offence.\ns 39 amd 2013 No. 51 s 229 sch 1","sortOrder":53},{"sectionNumber":"sec.40","sectionType":"section","heading":"Licences not required to operate certain day hospitals","content":"### sec.40 Licences not required to operate certain day hospitals\n\nThis section applies if—\na licensee operates a private hospital at a place under a licence; and\nanother person operates a day hospital at the place; and\nin the application for the licence, or an application to change the licence, the licensee has asked for the licence to state that this section applies to the operation of the day hospital; and\nthe licence includes the statement.\nFor this Act, apart from this section—\nthe operation of the day hospital is part of the licensee’s operation of the private hospital; and\nthe other person does not operate the day hospital.\n(sec.40-ssec.1) This section applies if— a licensee operates a private hospital at a place under a licence; and another person operates a day hospital at the place; and in the application for the licence, or an application to change the licence, the licensee has asked for the licence to state that this section applies to the operation of the day hospital; and the licence includes the statement.\n(sec.40-ssec.2) For this Act, apart from this section— the operation of the day hospital is part of the licensee’s operation of the private hospital; and the other person does not operate the day hospital.\n- (a) a licensee operates a private hospital at a place under a licence; and\n- (b) another person operates a day hospital at the place; and\n- (c) in the application for the licence, or an application to change the licence, the licensee has asked for the licence to state that this section applies to the operation of the day hospital; and\n- (d) the licence includes the statement.\n- (a) the operation of the day hospital is part of the licensee’s operation of the private hospital; and\n- (b) the other person does not operate the day hospital.","sortOrder":54},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Applications, and materials to support applications, for licences","content":"## Applications, and materials to support applications, for licences","sortOrder":55},{"sectionNumber":"sec.41","sectionType":"section","heading":"Restriction on application for licence","content":"### sec.41 Restriction on application for licence\n\nAn application for a licence may only be made by an approval holder.","sortOrder":56},{"sectionNumber":"sec.42","sectionType":"section","heading":"Requirements about applications for licences","content":"### sec.42 Requirements about applications for licences\n\nAn application for a licence must—\nbe made to the chief health officer; and\nbe in the approved form; and\nbe accompanied by the fee prescribed under a regulation.\n- (a) be made to the chief health officer; and\n- (b) be in the approved form; and\n- (c) be accompanied by the fee prescribed under a regulation.","sortOrder":57},{"sectionNumber":"sec.43","sectionType":"section","heading":"Further information or documents to support application for a licence","content":"### sec.43 Further information or documents to support application for a licence\n\nThe chief health officer may, by written notice given to an applicant for a licence, require the applicant to give the chief health officer, within the reasonable time stated in the notice (but not less than 30 days), further information or a document about the application.\nThe information mentioned in subsection (1) must, if the notice requires, be verified by a statutory declaration.\nThe requirement may only relate to information or a document that is necessary and reasonable to help the chief health officer decide the application.\nA notice under subsection (1) must be given to the applicant within 60 days after the chief health officer receives the application.\nIf the applicant fails to comply with the requirement within the stated time, the applicant is taken to have withdrawn the application.\n(sec.43-ssec.1) The chief health officer may, by written notice given to an applicant for a licence, require the applicant to give the chief health officer, within the reasonable time stated in the notice (but not less than 30 days), further information or a document about the application.\n(sec.43-ssec.2) The information mentioned in subsection (1) must, if the notice requires, be verified by a statutory declaration.\n(sec.43-ssec.3) The requirement may only relate to information or a document that is necessary and reasonable to help the chief health officer decide the application.\n(sec.43-ssec.4) A notice under subsection (1) must be given to the applicant within 60 days after the chief health officer receives the application.\n(sec.43-ssec.5) If the applicant fails to comply with the requirement within the stated time, the applicant is taken to have withdrawn the application.","sortOrder":58},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Deciding applications for licences","content":"## Deciding applications for licences","sortOrder":59},{"sectionNumber":"sec.44","sectionType":"section","heading":"Decision about application for a licence","content":"### sec.44 Decision about application for a licence\n\nThe chief health officer must consider the application and either grant or refuse the application.\nThe chief health officer must grant the application if—\nthe applicant is an approval holder; and\nthe approval and the application apply to the same private health facility; and\nany conditions on which the approval was issued have been complied with; and\nfor a facility that has never been occupied, a certificate of occupancy has been issued for the facility; and\nfor a facility to which paragraph (d) does not apply, the facility complies with the building code; and\nthe chief health officer is satisfied that—\nthe applicant is a suitable person to hold the licence applied for; and\nSee part 4 (Suitability of persons to be authority holders).\nwhen operational, the facility, and the health services proposed to be provided at the facility, will comply with the relevant standards.\nIf the chief health officer decides to grant the application, the chief health officer must immediately issue the licence to the applicant.\nIf the chief health officer decides to refuse the application, the chief health officer must immediately give the applicant an information notice about the decision.\ns 44 amd 2020 No. 24 s 153 s ch 1 pt 2\n(sec.44-ssec.1) The chief health officer must consider the application and either grant or refuse the application.\n(sec.44-ssec.2) The chief health officer must grant the application if— the applicant is an approval holder; and the approval and the application apply to the same private health facility; and any conditions on which the approval was issued have been complied with; and for a facility that has never been occupied, a certificate of occupancy has been issued for the facility; and for a facility to which paragraph (d) does not apply, the facility complies with the building code; and the chief health officer is satisfied that— the applicant is a suitable person to hold the licence applied for; and See part 4 (Suitability of persons to be authority holders). when operational, the facility, and the health services proposed to be provided at the facility, will comply with the relevant standards.\n(sec.44-ssec.3) If the chief health officer decides to grant the application, the chief health officer must immediately issue the licence to the applicant.\n(sec.44-ssec.4) If the chief health officer decides to refuse the application, the chief health officer must immediately give the applicant an information notice about the decision.\n- (a) the applicant is an approval holder; and\n- (b) the approval and the application apply to the same private health facility; and\n- (c) any conditions on which the approval was issued have been complied with; and\n- (d) for a facility that has never been occupied, a certificate of occupancy has been issued for the facility; and\n- (e) for a facility to which paragraph (d) does not apply, the facility complies with the building code; and\n- (f) the chief health officer is satisfied that— (i) the applicant is a suitable person to hold the licence applied for; and Editor’s note— See part 4 (Suitability of persons to be authority holders). (ii) when operational, the facility, and the health services proposed to be provided at the facility, will comply with the relevant standards.\n- (i) the applicant is a suitable person to hold the licence applied for; and Editor’s note— See part 4 (Suitability of persons to be authority holders).\n- (ii) when operational, the facility, and the health services proposed to be provided at the facility, will comply with the relevant standards.\n- (i) the applicant is a suitable person to hold the licence applied for; and Editor’s note— See part 4 (Suitability of persons to be authority holders).\n- (ii) when operational, the facility, and the health services proposed to be provided at the facility, will comply with the relevant standards.","sortOrder":60},{"sectionNumber":"sec.45","sectionType":"section","heading":"Further consideration of application for a licence","content":"### sec.45 Further consideration of application for a licence\n\nThis section applies if the chief health officer considers more time is needed to decide the application because of the complexity of the issues that need to be considered in deciding the application.\nThe chief health officer may, at any time before the final consideration day, give written notice to the applicant that—\nbecause of the complexity of the issues, the chief health officer needs more time to decide the application; and\nthe time within which the chief health officer must decide the application is extended to a stated day that is not more than 60 days after the final consideration day.\nIn this section—\nfinal consideration day means the later of the following days—\nthe day that is 60 days after receipt of the application;\nif further information or a document is required by a notice given under section 43 —the day that is 60 days after the information or document is given.\n(sec.45-ssec.1) This section applies if the chief health officer considers more time is needed to decide the application because of the complexity of the issues that need to be considered in deciding the application.\n(sec.45-ssec.2) The chief health officer may, at any time before the final consideration day, give written notice to the applicant that— because of the complexity of the issues, the chief health officer needs more time to decide the application; and the time within which the chief health officer must decide the application is extended to a stated day that is not more than 60 days after the final consideration day.\n(sec.45-ssec.3) In this section— final consideration day means the later of the following days— the day that is 60 days after receipt of the application; if further information or a document is required by a notice given under section 43 —the day that is 60 days after the information or document is given.\n- (a) because of the complexity of the issues, the chief health officer needs more time to decide the application; and\n- (b) the time within which the chief health officer must decide the application is extended to a stated day that is not more than 60 days after the final consideration day.\n- (a) the day that is 60 days after receipt of the application;\n- (b) if further information or a document is required by a notice given under section 43 —the day that is 60 days after the information or document is given.","sortOrder":61},{"sectionNumber":"sec.46","sectionType":"section","heading":"Application for licence taken to have been refused in certain circumstances","content":"### sec.46 Application for licence taken to have been refused in certain circumstances\n\nThe chief health officer is taken to have refused the application if the chief health officer has not decided the application by the latest of the following days—\nthe day that is 60 days after receiving the application;\nif further information or a document is required by a notice given under section 43 —the day that is 60 days after the information or document is given;\nif the day for deciding the application is extended under section 45 —the extended day;\nif another day for deciding the application is agreed to by the applicant and the chief health officer—the agreed day.\n- (a) the day that is 60 days after receiving the application;\n- (b) if further information or a document is required by a notice given under section 43 —the day that is 60 days after the information or document is given;\n- (c) if the day for deciding the application is extended under section 45 —the extended day;\n- (d) if another day for deciding the application is agreed to by the applicant and the chief health officer—the agreed day.","sortOrder":62},{"sectionNumber":"pt.6-div.4","sectionType":"division","heading":"Form, conditions and term of licences","content":"## Form, conditions and term of licences","sortOrder":63},{"sectionNumber":"sec.47","sectionType":"section","heading":"Form of licence","content":"### sec.47 Form of licence\n\nA licence must be in the approved form.\nA licence must state the following particulars—\nthe name of the licensee;\nthe day of issue of the licence;\nthe term of the licence;\ndetails about the private health facility to which the licence relates, including—\nthe location of the facility; and\na description of the premises making up the facility; and\nthe type of health services to be provided at the facility;\nthe conditions of the licence.\na floor plan of the premises\n(sec.47-ssec.1) A licence must be in the approved form.\n(sec.47-ssec.2) A licence must state the following particulars— the name of the licensee; the day of issue of the licence; the term of the licence; details about the private health facility to which the licence relates, including— the location of the facility; and a description of the premises making up the facility; and the type of health services to be provided at the facility; the conditions of the licence. a floor plan of the premises\n- (a) the name of the licensee;\n- (b) the day of issue of the licence;\n- (c) the term of the licence;\n- (d) details about the private health facility to which the licence relates, including— (i) the location of the facility; and (ii) a description of the premises making up the facility; and (iii) the type of health services to be provided at the facility;\n- (i) the location of the facility; and\n- (ii) a description of the premises making up the facility; and\n- (iii) the type of health services to be provided at the facility;\n- (e) the conditions of the licence. Example for paragraph (d) (ii) — a floor plan of the premises\n- (i) the location of the facility; and\n- (ii) a description of the premises making up the facility; and\n- (iii) the type of health services to be provided at the facility;","sortOrder":64},{"sectionNumber":"sec.48","sectionType":"section","heading":"Conditions of licence","content":"### sec.48 Conditions of licence\n\nA licence for a private health facility must be issued on the following conditions—\nthe licensee must give the chief health officer, within 21 days after a prescribed change, written notice of the prescribed change;\nthe licensee must comply with an accreditation scheme that relates to safety and quality matters and is prescribed by regulation;\nthe licensee must comply with the standards relevant to the facility;\nthe licensee must operate the facility in accordance with the details about the facility stated in the licence, including providing at the facility only the type of health services stated in the licence;\nthe licensee must ensure the premises making up the facility and all equipment, fittings and furnishings in the facility are kept in good repair and operational order;\nthe licensee must not make a prescribed alteration to the facility without the approval of the chief health officer under section 65 .\nThe chief health officer may issue a licence on additional conditions the chief health officer considers necessary or desirable for—\nthe proper operation of the facility; or\nthe health and wellbeing of patients who may receive health services at the facility.\nIf the chief health officer decides under subsection (4) to issue a licence on additional conditions, the chief health officer must immediately give the applicant an information notice about the decision.\nIn this section—\nprescribed change means a change—\nin a matter disclosed by the licensee in an application under this Act; and\nof a kind prescribed under a regulation.\ns 48 amd 2020 No. 31 s 21\n(sec.48-ssec.1) A licence for a private health facility must be issued on the following conditions— the licensee must give the chief health officer, within 21 days after a prescribed change, written notice of the prescribed change; the licensee must comply with an accreditation scheme that relates to safety and quality matters and is prescribed by regulation; the licensee must comply with the standards relevant to the facility; the licensee must operate the facility in accordance with the details about the facility stated in the licence, including providing at the facility only the type of health services stated in the licence; the licensee must ensure the premises making up the facility and all equipment, fittings and furnishings in the facility are kept in good repair and operational order; the licensee must not make a prescribed alteration to the facility without the approval of the chief health officer under section 65 .\n(sec.48-ssec.4) The chief health officer may issue a licence on additional conditions the chief health officer considers necessary or desirable for— the proper operation of the facility; or the health and wellbeing of patients who may receive health services at the facility.\n(sec.48-ssec.5) If the chief health officer decides under subsection (4) to issue a licence on additional conditions, the chief health officer must immediately give the applicant an information notice about the decision.\n(sec.48-ssec.6) In this section— prescribed change means a change— in a matter disclosed by the licensee in an application under this Act; and of a kind prescribed under a regulation.\n- (a) the licensee must give the chief health officer, within 21 days after a prescribed change, written notice of the prescribed change;\n- (b) the licensee must comply with an accreditation scheme that relates to safety and quality matters and is prescribed by regulation;\n- (c) the licensee must comply with the standards relevant to the facility;\n- (d) the licensee must operate the facility in accordance with the details about the facility stated in the licence, including providing at the facility only the type of health services stated in the licence;\n- (e) the licensee must ensure the premises making up the facility and all equipment, fittings and furnishings in the facility are kept in good repair and operational order;\n- (f) the licensee must not make a prescribed alteration to the facility without the approval of the chief health officer under section 65 .\n- (a) the proper operation of the facility; or\n- (b) the health and wellbeing of patients who may receive health services at the facility.\n- (a) in a matter disclosed by the licensee in an application under this Act; and\n- (b) of a kind prescribed under a regulation.","sortOrder":65},{"sectionNumber":"sec.49","sectionType":"section","heading":"Contravention of condition","content":"### sec.49 Contravention of condition\n\nA licensee must not contravene a condition of the licence.\nMaximum penalty—200 penalty units.\nTo remove doubt, it is declared that the penalty under subsection (1) may be imposed whether or not the licence is cancelled or suspended because of the contravention.\n(sec.49-ssec.1) A licensee must not contravene a condition of the licence. Maximum penalty—200 penalty units.\n(sec.49-ssec.2) To remove doubt, it is declared that the penalty under subsection (1) may be imposed whether or not the licence is cancelled or suspended because of the contravention.","sortOrder":66},{"sectionNumber":"sec.50","sectionType":"section","heading":"Term of licences","content":"### sec.50 Term of licences\n\nA licence remains in force for the term stated in the licence.\nThe stated term must not exceed—\nif the private health facility to which the licence relates has been certified as operating under an accreditation scheme prescribed under section 48 (1) (b) —3 years; or\notherwise—1 year.\ns 50 amd 2020 No. 31 s 22\n(sec.50-ssec.1) A licence remains in force for the term stated in the licence.\n(sec.50-ssec.2) The stated term must not exceed— if the private health facility to which the licence relates has been certified as operating under an accreditation scheme prescribed under section 48 (1) (b) —3 years; or otherwise—1 year.\n- (a) if the private health facility to which the licence relates has been certified as operating under an accreditation scheme prescribed under section 48 (1) (b) —3 years; or\n- (b) otherwise—1 year.","sortOrder":67},{"sectionNumber":"pt.6-div.5","sectionType":"division","heading":"Renewal of licences","content":"## Renewal of licences","sortOrder":68},{"sectionNumber":"sec.51","sectionType":"section","heading":"Renewal of licences","content":"### sec.51 Renewal of licences\n\nThe chief health officer may, on application by a licensee, renew the licence.\nAn application for renewal must—\nbe in the approved form; and\nbe made within the period starting 60 days before the licence expires; and\nbe accompanied by the fee prescribed under a regulation.\n(sec.51-ssec.1) The chief health officer may, on application by a licensee, renew the licence.\n(sec.51-ssec.2) An application for renewal must— be in the approved form; and be made within the period starting 60 days before the licence expires; and be accompanied by the fee prescribed under a regulation.\n- (a) be in the approved form; and\n- (b) be made within the period starting 60 days before the licence expires; and\n- (c) be accompanied by the fee prescribed under a regulation.","sortOrder":69},{"sectionNumber":"sec.52","sectionType":"section","heading":"Further information or document to support application for renewal","content":"### sec.52 Further information or document to support application for renewal\n\nThe chief health officer may, by written notice given to the licensee, require the licensee to give the chief health officer, within the reasonable time stated in the notice (but not less than 30 days), further information or a document about the application.\nThe information mentioned in subsection (1) must, if the notice requires, be verified by a statutory declaration.\nThe requirement may only relate to information or a document that is necessary and reasonable to help the chief health officer decide the application.\nIf the licensee fails to comply with the requirement within the stated time, the licensee is taken to have withdrawn the application.\n(sec.52-ssec.1) The chief health officer may, by written notice given to the licensee, require the licensee to give the chief health officer, within the reasonable time stated in the notice (but not less than 30 days), further information or a document about the application.\n(sec.52-ssec.2) The information mentioned in subsection (1) must, if the notice requires, be verified by a statutory declaration.\n(sec.52-ssec.3) The requirement may only relate to information or a document that is necessary and reasonable to help the chief health officer decide the application.\n(sec.52-ssec.4) If the licensee fails to comply with the requirement within the stated time, the licensee is taken to have withdrawn the application.","sortOrder":70},{"sectionNumber":"pt.6-div.6","sectionType":"division","heading":"Deciding applications for renewal","content":"## Deciding applications for renewal","sortOrder":71},{"sectionNumber":"sec.53","sectionType":"section","heading":"Decision about application for renewal","content":"### sec.53 Decision about application for renewal\n\nThe chief health officer must consider the application and either grant or refuse the application.\nThe chief health officer may grant the application only if the chief health officer is satisfied—\nthe licensee is a suitable person to continue to hold the licence; and\nSee part 4 (Suitability of persons to be authority holders).\nthe private health facility to which the licence relates, and the health services provided at the facility, comply with the relevant standards.\nIf the chief health officer decides to grant the application, the chief health officer must immediately issue a new licence to the licensee.\nIf the chief health officer decides to refuse the application, the chief health officer must immediately give the licensee an information notice about the decision.\n(sec.53-ssec.1) The chief health officer must consider the application and either grant or refuse the application.\n(sec.53-ssec.2) The chief health officer may grant the application only if the chief health officer is satisfied— the licensee is a suitable person to continue to hold the licence; and See part 4 (Suitability of persons to be authority holders). the private health facility to which the licence relates, and the health services provided at the facility, comply with the relevant standards.\n(sec.53-ssec.3) If the chief health officer decides to grant the application, the chief health officer must immediately issue a new licence to the licensee.\n(sec.53-ssec.4) If the chief health officer decides to refuse the application, the chief health officer must immediately give the licensee an information notice about the decision.\n- (a) the licensee is a suitable person to continue to hold the licence; and Editor’s note— See part 4 (Suitability of persons to be authority holders).\n- (b) the private health facility to which the licence relates, and the health services provided at the facility, comply with the relevant standards.","sortOrder":72},{"sectionNumber":"sec.54","sectionType":"section","heading":"Licence continues in force while application is considered","content":"### sec.54 Licence continues in force while application is considered\n\nIf a licensee applies for a renewal under section 51 , the licence continues in force from the day that it would, apart from this section, have expired until—\nif the application is granted—the new licence is issued to the licensee under section 53 (3) ; or\nif the application is withdrawn—the day the application is withdrawn; or\nif the application is refused—the day the information notice about the decision is given to the licensee.\nSubsection (1) does not apply if the licence is earlier suspended or cancelled.\n(sec.54-ssec.1) If a licensee applies for a renewal under section 51 , the licence continues in force from the day that it would, apart from this section, have expired until— if the application is granted—the new licence is issued to the licensee under section 53 (3) ; or if the application is withdrawn—the day the application is withdrawn; or if the application is refused—the day the information notice about the decision is given to the licensee.\n(sec.54-ssec.2) Subsection (1) does not apply if the licence is earlier suspended or cancelled.\n- (a) if the application is granted—the new licence is issued to the licensee under section 53 (3) ; or\n- (b) if the application is withdrawn—the day the application is withdrawn; or\n- (c) if the application is refused—the day the information notice about the decision is given to the licensee.","sortOrder":73},{"sectionNumber":"pt.6-div.7","sectionType":"division","heading":"Dealings affecting licences","content":"## Dealings affecting licences","sortOrder":74},{"sectionNumber":"sec.55","sectionType":"section","heading":"Changing licence—chief health officer acting on own initiative","content":"### sec.55 Changing licence—chief health officer acting on own initiative\n\nThe chief health officer may decide to change—\ndetails about the private health facility stated in the licence for the facility, including the type of health services provided at the facility; or\nthe conditions of a licence under section 48 (4) , including by imposing additional conditions.\nHowever, subsection (1) applies only if the chief health officer considers it necessary or desirable to make the change—\nfor the proper operation of the private health facility to which the licence relates; or\nfor the health and wellbeing of patients who are receiving, or may receive, health services at the facility.\nBefore deciding to change the licence, the chief health officer must first give the licensee a written notice (a notice of intention ) stating the following—\nthe proposed decision;\nthe grounds for the proposed decision;\nan outline of the facts and circumstances forming the basis for the grounds;\nan invitation to the licensee to show within a stated period (the show cause period ) why the proposed decision should not be made.\nThe show cause period must be a period ending at least 21 days after the notice of intention is given to the licensee.\nThe licensee may make written representations about the proposed decision to the chief health officer in the show cause period.\nThe chief health officer must consider all written representations made in the show cause period by the licensee before deciding whether or not to change the licence.\nIf, after giving the licensee a notice of intention and taking into account any written representations made by the licensee, the chief health officer decides to change the licence, the chief health officer must immediately give the licensee an information notice about the decision.\nThe change to the licence takes effect on the day the information notice is given to the licensee.\n(sec.55-ssec.1) The chief health officer may decide to change— details about the private health facility stated in the licence for the facility, including the type of health services provided at the facility; or the conditions of a licence under section 48 (4) , including by imposing additional conditions.\n(sec.55-ssec.2) However, subsection (1) applies only if the chief health officer considers it necessary or desirable to make the change— for the proper operation of the private health facility to which the licence relates; or for the health and wellbeing of patients who are receiving, or may receive, health services at the facility.\n(sec.55-ssec.3) Before deciding to change the licence, the chief health officer must first give the licensee a written notice (a notice of intention ) stating the following— the proposed decision; the grounds for the proposed decision; an outline of the facts and circumstances forming the basis for the grounds; an invitation to the licensee to show within a stated period (the show cause period ) why the proposed decision should not be made.\n(sec.55-ssec.4) The show cause period must be a period ending at least 21 days after the notice of intention is given to the licensee.\n(sec.55-ssec.5) The licensee may make written representations about the proposed decision to the chief health officer in the show cause period.\n(sec.55-ssec.6) The chief health officer must consider all written representations made in the show cause period by the licensee before deciding whether or not to change the licence.\n(sec.55-ssec.7) If, after giving the licensee a notice of intention and taking into account any written representations made by the licensee, the chief health officer decides to change the licence, the chief health officer must immediately give the licensee an information notice about the decision.\n(sec.55-ssec.8) The change to the licence takes effect on the day the information notice is given to the licensee.\n- (a) details about the private health facility stated in the licence for the facility, including the type of health services provided at the facility; or\n- (b) the conditions of a licence under section 48 (4) , including by imposing additional conditions.\n- (a) for the proper operation of the private health facility to which the licence relates; or\n- (b) for the health and wellbeing of patients who are receiving, or may receive, health services at the facility.\n- (a) the proposed decision;\n- (b) the grounds for the proposed decision;\n- (c) an outline of the facts and circumstances forming the basis for the grounds;\n- (d) an invitation to the licensee to show within a stated period (the show cause period ) why the proposed decision should not be made.","sortOrder":75},{"sectionNumber":"sec.56","sectionType":"section","heading":"Licensee may apply to change a licence","content":"### sec.56 Licensee may apply to change a licence\n\nA licensee may apply to the chief health officer to change—\ndetails about the private health facility stated in the licence for the facility, including the type of health services provided at the facility; or\nthe conditions of the licence under section 48 (4) .\nAn application to change a licence must—\nbe in the approved form; and\nbe accompanied by the fee prescribed under a regulation.\n(sec.56-ssec.1) A licensee may apply to the chief health officer to change— details about the private health facility stated in the licence for the facility, including the type of health services provided at the facility; or the conditions of the licence under section 48 (4) .\n(sec.56-ssec.2) An application to change a licence must— be in the approved form; and be accompanied by the fee prescribed under a regulation.\n- (a) details about the private health facility stated in the licence for the facility, including the type of health services provided at the facility; or\n- (b) the conditions of the licence under section 48 (4) .\n- (a) be in the approved form; and\n- (b) be accompanied by the fee prescribed under a regulation.","sortOrder":76},{"sectionNumber":"sec.57","sectionType":"section","heading":"Further information or document to support application to change a licence","content":"### sec.57 Further information or document to support application to change a licence\n\nThe chief health officer may, by written notice given to the licensee, require the licensee to give the chief health officer, within the reasonable time stated in the notice (but not less than 30 days), further information or a document about the application.\nThe information mentioned in subsection (1) must, if the notice requires, be verified by a statutory declaration.\nThe requirement may only relate to information or a document that is necessary and reasonable to help the chief health officer decide the application.\nA notice under subsection (1) must be given to the licensee within 60 days after the chief health officer receives the application.\nIf the licensee fails to comply with the requirement within the stated time, the licensee is taken to have withdrawn the application.\n(sec.57-ssec.1) The chief health officer may, by written notice given to the licensee, require the licensee to give the chief health officer, within the reasonable time stated in the notice (but not less than 30 days), further information or a document about the application.\n(sec.57-ssec.2) The information mentioned in subsection (1) must, if the notice requires, be verified by a statutory declaration.\n(sec.57-ssec.3) The requirement may only relate to information or a document that is necessary and reasonable to help the chief health officer decide the application.\n(sec.57-ssec.4) A notice under subsection (1) must be given to the licensee within 60 days after the chief health officer receives the application.\n(sec.57-ssec.5) If the licensee fails to comply with the requirement within the stated time, the licensee is taken to have withdrawn the application.","sortOrder":77},{"sectionNumber":"sec.58","sectionType":"section","heading":"Decision whether to change licence","content":"### sec.58 Decision whether to change licence\n\nThe chief health officer must consider the application and either grant or refuse the application.\nThe chief health officer may decide to grant the application only if the chief health officer is satisfied—\nthe licensee is a suitable person to continue to hold the licence; and\nSee part 4 (Suitability of persons to be authority holders).\nunder the changed licence, the facility, and the provision of health services at the facility, will comply with the relevant standards.\nIf the chief health officer decides to grant the application, the chief health officer must immediately give the licensee a written notice (a change notice ) stating the decision.\nIf the chief health officer decides to refuse the application, the chief health officer must immediately give the licensee an information notice about the decision.\nA change to the licence takes effect on the day the change notice is given to the licensee.\n(sec.58-ssec.1) The chief health officer must consider the application and either grant or refuse the application.\n(sec.58-ssec.2) The chief health officer may decide to grant the application only if the chief health officer is satisfied— the licensee is a suitable person to continue to hold the licence; and See part 4 (Suitability of persons to be authority holders). under the changed licence, the facility, and the provision of health services at the facility, will comply with the relevant standards.\n(sec.58-ssec.3) If the chief health officer decides to grant the application, the chief health officer must immediately give the licensee a written notice (a change notice ) stating the decision.\n(sec.58-ssec.4) If the chief health officer decides to refuse the application, the chief health officer must immediately give the licensee an information notice about the decision.\n(sec.58-ssec.5) A change to the licence takes effect on the day the change notice is given to the licensee.\n- (a) the licensee is a suitable person to continue to hold the licence; and Editor’s note— See part 4 (Suitability of persons to be authority holders).\n- (b) under the changed licence, the facility, and the provision of health services at the facility, will comply with the relevant standards.","sortOrder":78},{"sectionNumber":"sec.59","sectionType":"section","heading":"Further consideration of application to change a licence","content":"### sec.59 Further consideration of application to change a licence\n\nThis section applies if the chief health officer considers more time is needed to decide the application because of the complexity of the issues that need to be considered in deciding the application.\nThe chief health officer may, at any time before the final consideration day, give written notice to the licensee that—\nbecause of the complexity of the issues, the chief health officer needs more time to decide the application; and\nthe time within which the chief health officer must decide the application is extended to a stated day that is not more than 60 days after the final consideration day.\nIn this section—\nfinal consideration day means the later of the following days—\nthe day that is 60 days after the receipt of the application;\nif further information or a document is required by a notice given under section 57 —the day that is 60 days after the information or document is given.\n(sec.59-ssec.1) This section applies if the chief health officer considers more time is needed to decide the application because of the complexity of the issues that need to be considered in deciding the application.\n(sec.59-ssec.2) The chief health officer may, at any time before the final consideration day, give written notice to the licensee that— because of the complexity of the issues, the chief health officer needs more time to decide the application; and the time within which the chief health officer must decide the application is extended to a stated day that is not more than 60 days after the final consideration day.\n(sec.59-ssec.3) In this section— final consideration day means the later of the following days— the day that is 60 days after the receipt of the application; if further information or a document is required by a notice given under section 57 —the day that is 60 days after the information or document is given.\n- (a) because of the complexity of the issues, the chief health officer needs more time to decide the application; and\n- (b) the time within which the chief health officer must decide the application is extended to a stated day that is not more than 60 days after the final consideration day.\n- (a) the day that is 60 days after the receipt of the application;\n- (b) if further information or a document is required by a notice given under section 57 —the day that is 60 days after the information or document is given.","sortOrder":79},{"sectionNumber":"sec.60","sectionType":"section","heading":"Application to change a licence taken to be refused in certain circumstances","content":"### sec.60 Application to change a licence taken to be refused in certain circumstances\n\nThe chief health officer is taken to have refused to grant the application if the chief health officer has not decided the application by the latest of the following days—\nthe day that is 60 days after receiving the application;\nif further information or a document is required by a notice given under section 57 —the day that is 60 days after the information or document is given;\nif the day for deciding the application is extended under section 59 —the extended day;\nif another day for deciding the application is agreed to by the applicant and the chief health officer—the agreed day.\n- (a) the day that is 60 days after receiving the application;\n- (b) if further information or a document is required by a notice given under section 57 —the day that is 60 days after the information or document is given;\n- (c) if the day for deciding the application is extended under section 59 —the extended day;\n- (d) if another day for deciding the application is agreed to by the applicant and the chief health officer—the agreed day.","sortOrder":80},{"sectionNumber":"sec.61","sectionType":"section","heading":"Recording change of licence","content":"### sec.61 Recording change of licence\n\nThe licensee must return the licence to the chief health officer within 7 days of receiving the information notice under section 55 (7) or the change notice, unless the licensee has a reasonable excuse.\nMaximum penalty—10 penalty units.\nOn receiving the licence, the chief health officer must—\namend the licence in an appropriate way and return the amended licence to the licensee; or\nissue a replacement licence, incorporating the change, to the licensee.\nFailure to record the change by amending the licence, or to issue a replacement licence recording the change, does not affect the validity of the change.\n(sec.61-ssec.1) The licensee must return the licence to the chief health officer within 7 days of receiving the information notice under section 55 (7) or the change notice, unless the licensee has a reasonable excuse. Maximum penalty—10 penalty units.\n(sec.61-ssec.2) On receiving the licence, the chief health officer must— amend the licence in an appropriate way and return the amended licence to the licensee; or issue a replacement licence, incorporating the change, to the licensee.\n(sec.61-ssec.3) Failure to record the change by amending the licence, or to issue a replacement licence recording the change, does not affect the validity of the change.\n- (a) amend the licence in an appropriate way and return the amended licence to the licensee; or\n- (b) issue a replacement licence, incorporating the change, to the licensee.","sortOrder":81},{"sectionNumber":"sec.62","sectionType":"section","heading":"Meaning of prescribed alteration","content":"### sec.62 Meaning of prescribed alteration\n\nA prescribed alteration , to a private health facility, is—\na change in the purpose for which part of the facility is used; or\na change made to the physical structure of the facility.\na waiting room is converted to an operating theatre\nHowever, a prescribed alteration does not include a change to the facility for which a development permit under the Planning Act 2016 is required.\ns 62 amd 2009 No. 36 s 872 sch 2 ; 2016 No. 27 s 356\n(sec.62-ssec.1) A prescribed alteration , to a private health facility, is— a change in the purpose for which part of the facility is used; or a change made to the physical structure of the facility. a waiting room is converted to an operating theatre\n(sec.62-ssec.2) However, a prescribed alteration does not include a change to the facility for which a development permit under the Planning Act 2016 is required.\n- (a) a change in the purpose for which part of the facility is used; or\n- (b) a change made to the physical structure of the facility. Example for paragraph (a) — a waiting room is converted to an operating theatre","sortOrder":82},{"sectionNumber":"sec.63","sectionType":"section","heading":"Requirements about applications for approval of prescribed alterations","content":"### sec.63 Requirements about applications for approval of prescribed alterations\n\nAn application for approval of a prescribed alteration must—\nbe made to the chief health officer; and\nbe in the approved form; and\nbe accompanied by the fee prescribed under a regulation.\n- (a) be made to the chief health officer; and\n- (b) be in the approved form; and\n- (c) be accompanied by the fee prescribed under a regulation.","sortOrder":83},{"sectionNumber":"sec.64","sectionType":"section","heading":"Further information or document to support applications for approval of prescribed alterations","content":"### sec.64 Further information or document to support applications for approval of prescribed alterations\n\nThe chief health officer may, by written notice to a licensee, require the licensee to give the chief health officer, within the reasonable time stated in the notice (but not less than 30 days), further information or a document about the application.\nThe information mentioned in subsection (1) must, if the notice requires, be verified by a statutory declaration.\nThe requirement may only relate to information or a document that is necessary and reasonable to help the chief health officer decide the application.\nA notice under subsection (1) must be given to the licensee within 60 days after the chief health officer receives the application.\nIf the licensee fails to comply with the requirement within the stated time, the licensee is taken to have withdrawn the application.\n(sec.64-ssec.1) The chief health officer may, by written notice to a licensee, require the licensee to give the chief health officer, within the reasonable time stated in the notice (but not less than 30 days), further information or a document about the application.\n(sec.64-ssec.2) The information mentioned in subsection (1) must, if the notice requires, be verified by a statutory declaration.\n(sec.64-ssec.3) The requirement may only relate to information or a document that is necessary and reasonable to help the chief health officer decide the application.\n(sec.64-ssec.4) A notice under subsection (1) must be given to the licensee within 60 days after the chief health officer receives the application.\n(sec.64-ssec.5) If the licensee fails to comply with the requirement within the stated time, the licensee is taken to have withdrawn the application.","sortOrder":84},{"sectionNumber":"sec.65","sectionType":"section","heading":"Decision about applications for approval of prescribed alterations","content":"### sec.65 Decision about applications for approval of prescribed alterations\n\nThe chief health officer must consider the application and either grant or refuse the application.\nThe chief health officer may grant the application only if the chief health officer is satisfied that, after making the prescribed alteration, the facility, and the provision of health services at the facility, will comply with the relevant standards.\nThe chief health officer may grant the application on the condition in paragraph (a) or both of the following conditions—\nthe licensee must give the chief health officer written notice of having made the prescribed alteration immediately after making the prescribed alteration;\nthe licensee must not provide health services in the part of the facility affected by the prescribed alteration—\nunless the prescribed alteration has been made as specified in the application; and\nuntil the earlier of the following days—\nthe day the chief health officer or an authorised person inspects the part of the facility affected by the prescribed alteration;\nthe day that is 14 days after the notice under paragraph (a) is given.\nIf the chief health officer decides to grant the application, the chief health officer must immediately give the licensee a written notice stating the decision.\nIf the chief health officer decides to refuse the application, the chief health officer must immediately give the applicant an information notice about the decision.\nIf the chief health officer grants the application on a condition mentioned in subsection (3) , the licensee must not contravene the condition.\nMaximum penalty for subsection (6) —50 penalty units.\n(sec.65-ssec.1) The chief health officer must consider the application and either grant or refuse the application.\n(sec.65-ssec.2) The chief health officer may grant the application only if the chief health officer is satisfied that, after making the prescribed alteration, the facility, and the provision of health services at the facility, will comply with the relevant standards.\n(sec.65-ssec.3) The chief health officer may grant the application on the condition in paragraph (a) or both of the following conditions— the licensee must give the chief health officer written notice of having made the prescribed alteration immediately after making the prescribed alteration; the licensee must not provide health services in the part of the facility affected by the prescribed alteration— unless the prescribed alteration has been made as specified in the application; and until the earlier of the following days— the day the chief health officer or an authorised person inspects the part of the facility affected by the prescribed alteration; the day that is 14 days after the notice under paragraph (a) is given.\n(sec.65-ssec.4) If the chief health officer decides to grant the application, the chief health officer must immediately give the licensee a written notice stating the decision.\n(sec.65-ssec.5) If the chief health officer decides to refuse the application, the chief health officer must immediately give the applicant an information notice about the decision.\n(sec.65-ssec.6) If the chief health officer grants the application on a condition mentioned in subsection (3) , the licensee must not contravene the condition. Maximum penalty for subsection (6) —50 penalty units.\n- (a) the licensee must give the chief health officer written notice of having made the prescribed alteration immediately after making the prescribed alteration;\n- (b) the licensee must not provide health services in the part of the facility affected by the prescribed alteration— (i) unless the prescribed alteration has been made as specified in the application; and (ii) until the earlier of the following days— (A) the day the chief health officer or an authorised person inspects the part of the facility affected by the prescribed alteration; (B) the day that is 14 days after the notice under paragraph (a) is given.\n- (i) unless the prescribed alteration has been made as specified in the application; and\n- (ii) until the earlier of the following days— (A) the day the chief health officer or an authorised person inspects the part of the facility affected by the prescribed alteration; (B) the day that is 14 days after the notice under paragraph (a) is given.\n- (A) the day the chief health officer or an authorised person inspects the part of the facility affected by the prescribed alteration;\n- (B) the day that is 14 days after the notice under paragraph (a) is given.\n- (i) unless the prescribed alteration has been made as specified in the application; and\n- (ii) until the earlier of the following days— (A) the day the chief health officer or an authorised person inspects the part of the facility affected by the prescribed alteration; (B) the day that is 14 days after the notice under paragraph (a) is given.\n- (A) the day the chief health officer or an authorised person inspects the part of the facility affected by the prescribed alteration;\n- (B) the day that is 14 days after the notice under paragraph (a) is given.\n- (A) the day the chief health officer or an authorised person inspects the part of the facility affected by the prescribed alteration;\n- (B) the day that is 14 days after the notice under paragraph (a) is given.","sortOrder":85},{"sectionNumber":"sec.66","sectionType":"section","heading":"Application for approval of a prescribed alteration taken to be refused in certain circumstances","content":"### sec.66 Application for approval of a prescribed alteration taken to be refused in certain circumstances\n\nThe chief health officer is taken to have refused the application if the chief health officer has not decided the application by the latest of the following days—\nthe day that is 60 days after receiving the application;\nif further information or a document is required by a notice given under section 64 —the day that is 60 days after the information or document is given;\nif another day for deciding the application is agreed to by the applicant and the chief health officer—the agreed day.\n- (a) the day that is 60 days after receiving the application;\n- (b) if further information or a document is required by a notice given under section 64 —the day that is 60 days after the information or document is given;\n- (c) if another day for deciding the application is agreed to by the applicant and the chief health officer—the agreed day.","sortOrder":86},{"sectionNumber":"sec.67","sectionType":"section","heading":"Transfer of licence","content":"### sec.67 Transfer of licence\n\nA licensee may transfer the licence only if the chief health officer grants an application to transfer the licence.","sortOrder":87},{"sectionNumber":"sec.68","sectionType":"section","heading":"Requirements about transfer applications","content":"### sec.68 Requirements about transfer applications\n\nAn application to transfer a licence may be made only by the proposed transferee of the licence.\nThe application must—\nbe made to the chief health officer; and\nbe in the approved form; and\nbe accompanied by—\na written consent in the approved form signed by the licensee; and\nthe fee prescribed under a regulation.\n(sec.68-ssec.1) An application to transfer a licence may be made only by the proposed transferee of the licence.\n(sec.68-ssec.2) The application must— be made to the chief health officer; and be in the approved form; and be accompanied by— a written consent in the approved form signed by the licensee; and the fee prescribed under a regulation.\n- (a) be made to the chief health officer; and\n- (b) be in the approved form; and\n- (c) be accompanied by— (i) a written consent in the approved form signed by the licensee; and (ii) the fee prescribed under a regulation.\n- (i) a written consent in the approved form signed by the licensee; and\n- (ii) the fee prescribed under a regulation.\n- (i) a written consent in the approved form signed by the licensee; and\n- (ii) the fee prescribed under a regulation.","sortOrder":88},{"sectionNumber":"sec.69","sectionType":"section","heading":"Further information or documents to support transfer application","content":"### sec.69 Further information or documents to support transfer application\n\nThe chief health officer may, by written notice given to an applicant to transfer a licence, require the applicant to give the chief health officer, within the reasonable time stated in the notice (but not less than 30 days), further information or a document about the application.\nThe information mentioned in subsection (1) must, if the notice requires, be verified by a statutory declaration.\nThe requirement may only relate to information or a document that is necessary and reasonable to help the chief health officer decide the application.\nA notice under subsection (1) must be given to the applicant within 60 days after the chief health officer receives the application.\nIf the applicant fails to comply with the requirement within the stated time, the applicant is taken to have withdrawn the application.\n(sec.69-ssec.1) The chief health officer may, by written notice given to an applicant to transfer a licence, require the applicant to give the chief health officer, within the reasonable time stated in the notice (but not less than 30 days), further information or a document about the application.\n(sec.69-ssec.2) The information mentioned in subsection (1) must, if the notice requires, be verified by a statutory declaration.\n(sec.69-ssec.3) The requirement may only relate to information or a document that is necessary and reasonable to help the chief health officer decide the application.\n(sec.69-ssec.4) A notice under subsection (1) must be given to the applicant within 60 days after the chief health officer receives the application.\n(sec.69-ssec.5) If the applicant fails to comply with the requirement within the stated time, the applicant is taken to have withdrawn the application.","sortOrder":89},{"sectionNumber":"sec.70","sectionType":"section","heading":"Decision about transfer application","content":"### sec.70 Decision about transfer application\n\nThe chief health officer must consider the application and either grant or refuse the application.\nThe chief health officer may grant the application only if the chief health officer is satisfied the proposed transferee is a suitable person to hold the licence.\nSee part 4 (Suitability of persons to be authority holders).\nIf the chief health officer decides to grant the application, the chief health officer must give the transferee and the licensee written notice (a transfer notice ) stating the decision.\nIf the chief health officer decides to refuse the application, the chief health officer must give the proposed transferee and the licensee an information notice about the decision.\nA transfer of a licence—\ntakes effect on the day the transfer notice for the licence is given to the transferee; or\nif a later day of effect is stated in the notice—on the later day.\n(sec.70-ssec.1) The chief health officer must consider the application and either grant or refuse the application.\n(sec.70-ssec.2) The chief health officer may grant the application only if the chief health officer is satisfied the proposed transferee is a suitable person to hold the licence. See part 4 (Suitability of persons to be authority holders).\n(sec.70-ssec.3) If the chief health officer decides to grant the application, the chief health officer must give the transferee and the licensee written notice (a transfer notice ) stating the decision.\n(sec.70-ssec.4) If the chief health officer decides to refuse the application, the chief health officer must give the proposed transferee and the licensee an information notice about the decision.\n(sec.70-ssec.5) A transfer of a licence— takes effect on the day the transfer notice for the licence is given to the transferee; or if a later day of effect is stated in the notice—on the later day.\n- (a) takes effect on the day the transfer notice for the licence is given to the transferee; or\n- (b) if a later day of effect is stated in the notice—on the later day.","sortOrder":90},{"sectionNumber":"sec.71","sectionType":"section","heading":"Further consideration of application to transfer a licence","content":"### sec.71 Further consideration of application to transfer a licence\n\nThis section applies if the chief health officer considers more time is needed to decide the application because of the complexity of the issues that need to be considered in deciding the application.\nThe chief health officer may, at any time before the final consideration day, give written notice to the applicant that—\nbecause of the complexity of the issues, the chief health officer needs more time to decide the application; and\nthe time within which the chief health officer must decide the application is extended to a stated day that is not more than 60 days after the final consideration day.\nIn this section—\nfinal consideration day means the later of the following days—\nthe day that is 60 days after receipt of the application;\nif further information or a document is required by a notice given under section 69 —the day that is 60 days after the information or document is given.\n(sec.71-ssec.1) This section applies if the chief health officer considers more time is needed to decide the application because of the complexity of the issues that need to be considered in deciding the application.\n(sec.71-ssec.2) The chief health officer may, at any time before the final consideration day, give written notice to the applicant that— because of the complexity of the issues, the chief health officer needs more time to decide the application; and the time within which the chief health officer must decide the application is extended to a stated day that is not more than 60 days after the final consideration day.\n(sec.71-ssec.3) In this section— final consideration day means the later of the following days— the day that is 60 days after receipt of the application; if further information or a document is required by a notice given under section 69 —the day that is 60 days after the information or document is given.\n- (a) because of the complexity of the issues, the chief health officer needs more time to decide the application; and\n- (b) the time within which the chief health officer must decide the application is extended to a stated day that is not more than 60 days after the final consideration day.\n- (a) the day that is 60 days after receipt of the application;\n- (b) if further information or a document is required by a notice given under section 69 —the day that is 60 days after the information or document is given.","sortOrder":91},{"sectionNumber":"sec.72","sectionType":"section","heading":"Application to transfer a licence taken to be refused in certain circumstances","content":"### sec.72 Application to transfer a licence taken to be refused in certain circumstances\n\nThe chief health officer is taken to have refused the application if the chief health officer has not decided the application by the latest of the following days—\nthe day that is 60 days after receiving the application;\nif further information or a document is required by a notice given under section 69 —the day that is 60 days after the information or document is given;\nif the day for deciding the application is extended under section 71 —the extended day;\nif another day for deciding the application is agreed to by the applicant and the chief health officer—the agreed day.\n- (a) the day that is 60 days after receiving the application;\n- (b) if further information or a document is required by a notice given under section 69 —the day that is 60 days after the information or document is given;\n- (c) if the day for deciding the application is extended under section 71 —the extended day;\n- (d) if another day for deciding the application is agreed to by the applicant and the chief health officer—the agreed day.","sortOrder":92},{"sectionNumber":"sec.73","sectionType":"section","heading":"Recording transfer of licence","content":"### sec.73 Recording transfer of licence\n\nA licensee must return the licence to the chief health officer within 7 days of receiving a transfer notice, unless the licensee has a reasonable excuse.\nMaximum penalty—10 penalty units.\nOn receiving the licence, the chief health officer must—\namend the licence in an appropriate way and give the amended licence to the transferee; or\nissue a replacement licence in the name of the transferee.\nFailure to record a transfer by amending the licence, or to issue a replacement licence in the name of the transferee, does not affect the validity of the transfer.\n(sec.73-ssec.1) A licensee must return the licence to the chief health officer within 7 days of receiving a transfer notice, unless the licensee has a reasonable excuse. Maximum penalty—10 penalty units.\n(sec.73-ssec.2) On receiving the licence, the chief health officer must— amend the licence in an appropriate way and give the amended licence to the transferee; or issue a replacement licence in the name of the transferee.\n(sec.73-ssec.3) Failure to record a transfer by amending the licence, or to issue a replacement licence in the name of the transferee, does not affect the validity of the transfer.\n- (a) amend the licence in an appropriate way and give the amended licence to the transferee; or\n- (b) issue a replacement licence in the name of the transferee.","sortOrder":93},{"sectionNumber":"sec.74","sectionType":"section","heading":"Encumbrances have no effect","content":"### sec.74 Encumbrances have no effect\n\nAn instrument or document purporting to encumber a licence is of no effect.","sortOrder":94},{"sectionNumber":"sec.75","sectionType":"section","heading":"Death of sole licensee","content":"### sec.75 Death of sole licensee\n\nThis section applies if only 1 individual is the licensee of a licence.\nIf the licensee dies, the personal representative of the licensee’s estate is taken to be the licensee for—\n6 months from the day of the licensee’s death; or\na longer period the chief health officer decides, on written application made by the personal representative.\nThe chief health officer may act under subsection (2) (b) only if—\nthe chief health officer has received written notice from the personal representative that a person intends to apply to transfer the licence; and\nthe chief health officer reasonably believes that it is appropriate to extend the period for which the personal representative is taken to be the licensee to enable an application to transfer the licence to be made and decided.\nAlso, subsection (2) applies subject to any transfer, suspension, cancellation, surrender or expiry of the licence under this Act.\n(sec.75-ssec.1) This section applies if only 1 individual is the licensee of a licence.\n(sec.75-ssec.2) If the licensee dies, the personal representative of the licensee’s estate is taken to be the licensee for— 6 months from the day of the licensee’s death; or a longer period the chief health officer decides, on written application made by the personal representative.\n(sec.75-ssec.3) The chief health officer may act under subsection (2) (b) only if— the chief health officer has received written notice from the personal representative that a person intends to apply to transfer the licence; and the chief health officer reasonably believes that it is appropriate to extend the period for which the personal representative is taken to be the licensee to enable an application to transfer the licence to be made and decided.\n(sec.75-ssec.4) Also, subsection (2) applies subject to any transfer, suspension, cancellation, surrender or expiry of the licence under this Act.\n- (a) 6 months from the day of the licensee’s death; or\n- (b) a longer period the chief health officer decides, on written application made by the personal representative.\n- (a) the chief health officer has received written notice from the personal representative that a person intends to apply to transfer the licence; and\n- (b) the chief health officer reasonably believes that it is appropriate to extend the period for which the personal representative is taken to be the licensee to enable an application to transfer the licence to be made and decided.","sortOrder":95},{"sectionNumber":"sec.76","sectionType":"section","heading":"Surviving persons taken to be licensee","content":"### sec.76 Surviving persons taken to be licensee\n\nThis section applies if—\n2 or more individuals jointly are the licensee of a licence; and\n1 or more, but not all, of the individuals die.\nThe following persons are taken to hold the licence—\nif only 1 individual survives—the surviving individual;\nif more than 1 individual survives—the surviving individuals jointly.\n(sec.76-ssec.1) This section applies if— 2 or more individuals jointly are the licensee of a licence; and 1 or more, but not all, of the individuals die.\n(sec.76-ssec.2) The following persons are taken to hold the licence— if only 1 individual survives—the surviving individual; if more than 1 individual survives—the surviving individuals jointly.\n- (a) 2 or more individuals jointly are the licensee of a licence; and\n- (b) 1 or more, but not all, of the individuals die.\n- (a) if only 1 individual survives—the surviving individual;\n- (b) if more than 1 individual survives—the surviving individuals jointly.","sortOrder":96},{"sectionNumber":"sec.77","sectionType":"section","heading":"Surrender of licences","content":"### sec.77 Surrender of licences\n\nA licensee may surrender a licence by giving the chief health officer written notice of the surrender.\nThe surrender of the licence takes effect—\n30 days after the day the notice is given to the chief health officer; or\nif a later day of effect is stated in the notice—on the later day.\nIf the licence is surrendered, the person who held the licence must, within 7 days after the surrender takes effect, return the licence to the chief health officer, unless the person has a reasonable excuse.\nMaximum penalty for subsection (3) —10 penalty units.\n(sec.77-ssec.1) A licensee may surrender a licence by giving the chief health officer written notice of the surrender.\n(sec.77-ssec.2) The surrender of the licence takes effect— 30 days after the day the notice is given to the chief health officer; or if a later day of effect is stated in the notice—on the later day.\n(sec.77-ssec.3) If the licence is surrendered, the person who held the licence must, within 7 days after the surrender takes effect, return the licence to the chief health officer, unless the person has a reasonable excuse. Maximum penalty for subsection (3) —10 penalty units.\n- (a) 30 days after the day the notice is given to the chief health officer; or\n- (b) if a later day of effect is stated in the notice—on the later day.","sortOrder":97},{"sectionNumber":"sec.78","sectionType":"section","heading":"Surrender before operation of facility stops","content":"### sec.78 Surrender before operation of facility stops\n\nA licensee must not stop operating a private health facility unless the licensee has surrendered the licence and the surrender of the licence has taken effect, unless the licensee has a reasonable excuse.\nMaximum penalty—50 penalty units.","sortOrder":98},{"sectionNumber":"sec.79","sectionType":"section","heading":"Replacing licences","content":"### sec.79 Replacing licences\n\nA licensee may apply to the chief health officer to replace the licence if it has been lost, stolen, destroyed or damaged.\nThe chief health officer must consider the application and either grant or refuse the application.\nThe chief health officer must grant the application if the chief health officer is satisfied the licence has been lost, stolen, destroyed or damaged in a way to require its replacement.\nIf the chief health officer decides to grant the application, the chief health officer must, on payment of the fee prescribed under a regulation, issue another licence to the applicant to replace the lost, stolen, destroyed or damaged licence.\nIf the chief health officer decides to refuse the application, the chief health officer must immediately give the applicant an information notice about the decision.\n(sec.79-ssec.1) A licensee may apply to the chief health officer to replace the licence if it has been lost, stolen, destroyed or damaged.\n(sec.79-ssec.2) The chief health officer must consider the application and either grant or refuse the application.\n(sec.79-ssec.3) The chief health officer must grant the application if the chief health officer is satisfied the licence has been lost, stolen, destroyed or damaged in a way to require its replacement.\n(sec.79-ssec.4) If the chief health officer decides to grant the application, the chief health officer must, on payment of the fee prescribed under a regulation, issue another licence to the applicant to replace the lost, stolen, destroyed or damaged licence.\n(sec.79-ssec.5) If the chief health officer decides to refuse the application, the chief health officer must immediately give the applicant an information notice about the decision.","sortOrder":99},{"sectionNumber":"pt.7","sectionType":"part","heading":"Suspension and cancellation of authorities","content":"# Suspension and cancellation of authorities","sortOrder":100},{"sectionNumber":"sec.80","sectionType":"section","heading":"Grounds for suspension or cancellation","content":"### sec.80 Grounds for suspension or cancellation\n\nA ground for suspending or cancelling an authority exists if the authority holder—\nis not a suitable person to continue to hold an authority of that kind; or\nSee part 4 (Suitability of persons to be authority holders).\ncontravenes a provision of this Act or a condition of the authority in a way that may result in the health and wellbeing of a patient being affected in an adverse and material way; or\nis affected by bankruptcy action, or by control action under the Corporations Act .\nAlso, a ground for suspending or cancelling an authority exists if the authority was issued because of a materially false or misleading representation or declaration.\nFor subsection (1) (c) , an authority holder is affected by bankruptcy action if the authority holder—\nis bankrupt; or\nhas compounded with creditors; or\nas a debtor, has otherwise taken, or applied to take, advantage of any law about bankruptcy.\nFor subsection (1) (c) , an authority holder is affected by control action under the Corporations Act if the authority holder—\nhas executed a deed of company arrangement under that Act ; or\nis the subject of a winding-up (whether voluntarily or under a court order) under that Act ; or\nis the subject of an appointment of an administrator, liquidator, receiver or receiver and manager under that Act .\ns 80 amd 2001 No. 45 s 29 sch 3 ; 2001 No. 78 s 184\n(sec.80-ssec.1) A ground for suspending or cancelling an authority exists if the authority holder— is not a suitable person to continue to hold an authority of that kind; or See part 4 (Suitability of persons to be authority holders). contravenes a provision of this Act or a condition of the authority in a way that may result in the health and wellbeing of a patient being affected in an adverse and material way; or is affected by bankruptcy action, or by control action under the Corporations Act .\n(sec.80-ssec.2) Also, a ground for suspending or cancelling an authority exists if the authority was issued because of a materially false or misleading representation or declaration.\n(sec.80-ssec.3) For subsection (1) (c) , an authority holder is affected by bankruptcy action if the authority holder— is bankrupt; or has compounded with creditors; or as a debtor, has otherwise taken, or applied to take, advantage of any law about bankruptcy.\n(sec.80-ssec.4) For subsection (1) (c) , an authority holder is affected by control action under the Corporations Act if the authority holder— has executed a deed of company arrangement under that Act ; or is the subject of a winding-up (whether voluntarily or under a court order) under that Act ; or is the subject of an appointment of an administrator, liquidator, receiver or receiver and manager under that Act .\n- (a) is not a suitable person to continue to hold an authority of that kind; or Editor’s note— See part 4 (Suitability of persons to be authority holders).\n- (b) contravenes a provision of this Act or a condition of the authority in a way that may result in the health and wellbeing of a patient being affected in an adverse and material way; or\n- (c) is affected by bankruptcy action, or by control action under the Corporations Act .\n- (a) is bankrupt; or\n- (b) has compounded with creditors; or\n- (c) as a debtor, has otherwise taken, or applied to take, advantage of any law about bankruptcy.\n- (a) has executed a deed of company arrangement under that Act ; or\n- (b) is the subject of a winding-up (whether voluntarily or under a court order) under that Act ; or\n- (c) is the subject of an appointment of an administrator, liquidator, receiver or receiver and manager under that Act .","sortOrder":101},{"sectionNumber":"sec.81","sectionType":"section","heading":"Show cause notice","content":"### sec.81 Show cause notice\n\nThis section applies if—\nthe chief health officer believes a ground exists to suspend or cancel an authority; and\nthe chief health officer—\nhas not given, and does not propose to give, the authority holder a compliance notice under section 125 (2) to rectify a matter to which the ground relates; or\nhas given the authority holder a compliance notice under section 125 (2) to rectify a matter to which the ground relates and the authority holder—\nfails to comply with the compliance notice within the period stated in the notice; and\ndoes not have a reasonable excuse for failing to comply with the notice.\nThe chief health officer must give the authority holder a written notice (a show cause notice ) stating the following—\nthe action (the proposed action ) the chief health officer proposes taking under this part;\nthe grounds for the proposed action;\nan outline of the facts and circumstances forming the basis for the grounds;\nif the proposed action is suspension of the authority, the proposed suspension period;\nan invitation to the authority holder to show within a stated period (the show cause period ) why the proposed action should not be taken.\nThe show cause period must be a period ending at least 21 days after the show cause notice is given to the authority holder.\nThe authority holder may make written representations about the proposed action to the chief health officer in the show cause period.\ns 81 amd 2001 No. 78 s 185\n(sec.81-ssec.1) This section applies if— the chief health officer believes a ground exists to suspend or cancel an authority; and the chief health officer— has not given, and does not propose to give, the authority holder a compliance notice under section 125 (2) to rectify a matter to which the ground relates; or has given the authority holder a compliance notice under section 125 (2) to rectify a matter to which the ground relates and the authority holder— fails to comply with the compliance notice within the period stated in the notice; and does not have a reasonable excuse for failing to comply with the notice.\n(sec.81-ssec.2) The chief health officer must give the authority holder a written notice (a show cause notice ) stating the following— the action (the proposed action ) the chief health officer proposes taking under this part; the grounds for the proposed action; an outline of the facts and circumstances forming the basis for the grounds; if the proposed action is suspension of the authority, the proposed suspension period; an invitation to the authority holder to show within a stated period (the show cause period ) why the proposed action should not be taken.\n(sec.81-ssec.3) The show cause period must be a period ending at least 21 days after the show cause notice is given to the authority holder.\n(sec.81-ssec.4) The authority holder may make written representations about the proposed action to the chief health officer in the show cause period.\n- (a) the chief health officer believes a ground exists to suspend or cancel an authority; and\n- (b) the chief health officer— (i) has not given, and does not propose to give, the authority holder a compliance notice under section 125 (2) to rectify a matter to which the ground relates; or (ii) has given the authority holder a compliance notice under section 125 (2) to rectify a matter to which the ground relates and the authority holder— (A) fails to comply with the compliance notice within the period stated in the notice; and (B) does not have a reasonable excuse for failing to comply with the notice.\n- (i) has not given, and does not propose to give, the authority holder a compliance notice under section 125 (2) to rectify a matter to which the ground relates; or\n- (ii) has given the authority holder a compliance notice under section 125 (2) to rectify a matter to which the ground relates and the authority holder— (A) fails to comply with the compliance notice within the period stated in the notice; and (B) does not have a reasonable excuse for failing to comply with the notice.\n- (A) fails to comply with the compliance notice within the period stated in the notice; and\n- (B) does not have a reasonable excuse for failing to comply with the notice.\n- (i) has not given, and does not propose to give, the authority holder a compliance notice under section 125 (2) to rectify a matter to which the ground relates; or\n- (ii) has given the authority holder a compliance notice under section 125 (2) to rectify a matter to which the ground relates and the authority holder— (A) fails to comply with the compliance notice within the period stated in the notice; and (B) does not have a reasonable excuse for failing to comply with the notice.\n- (A) fails to comply with the compliance notice within the period stated in the notice; and\n- (B) does not have a reasonable excuse for failing to comply with the notice.\n- (A) fails to comply with the compliance notice within the period stated in the notice; and\n- (B) does not have a reasonable excuse for failing to comply with the notice.\n- (a) the action (the proposed action ) the chief health officer proposes taking under this part;\n- (b) the grounds for the proposed action;\n- (c) an outline of the facts and circumstances forming the basis for the grounds;\n- (d) if the proposed action is suspension of the authority, the proposed suspension period;\n- (e) an invitation to the authority holder to show within a stated period (the show cause period ) why the proposed action should not be taken.","sortOrder":102},{"sectionNumber":"sec.82","sectionType":"section","heading":"Consideration of representations","content":"### sec.82 Consideration of representations\n\nThe chief health officer must consider all written representations (the accepted representations ) made in the show cause period by the authority holder.","sortOrder":103},{"sectionNumber":"sec.83","sectionType":"section","heading":"Ending show cause process without further action","content":"### sec.83 Ending show cause process without further action\n\nThis section applies if, after considering the accepted representations for the show cause notice, the chief health officer no longer believes a ground exists to suspend or cancel the authority.\nThe chief health officer must not take further action about the show cause notice.\nThe chief health officer must, immediately after making the decision, give the authority holder written notice that no further action about the show cause notice is to be taken.\n(sec.83-ssec.1) This section applies if, after considering the accepted representations for the show cause notice, the chief health officer no longer believes a ground exists to suspend or cancel the authority.\n(sec.83-ssec.2) The chief health officer must not take further action about the show cause notice.\n(sec.83-ssec.3) The chief health officer must, immediately after making the decision, give the authority holder written notice that no further action about the show cause notice is to be taken.","sortOrder":104},{"sectionNumber":"sec.84","sectionType":"section","heading":"Suspension and cancellation of authorities","content":"### sec.84 Suspension and cancellation of authorities\n\nThis section applies if after considering the accepted representations for the show cause notice, the chief health officer—\nstill believes a ground exists to suspend or cancel the authority; and\nbelieves suspension or cancellation of the authority is warranted.\nThis section also applies if there are no accepted representations for the show cause notice.\nThe chief health officer may—\nif the proposed action stated in the show cause notice was to suspend the authority for a stated period—suspend the authority for not longer than the stated period; or\nif the proposed action stated in the show cause notice was to cancel the authority—either cancel the authority or suspend it for a period.\nThe chief health officer must immediately give an information notice about the decision to the authority holder.\nThe decision takes effect—\non the day the information notice is given to the authority holder; or\nif a later day is stated in the notice—on the later day.\nIf the authority is cancelled or suspended, the person who held the authority must, within 7 days after receiving the information notice, return the authority to the chief health officer, unless the person has a reasonable excuse.\nMaximum penalty—10 penalty units.\nThe chief health officer must, immediately after the suspension stops operating, give to the authority holder the authority that was returned to the chief health officer under subsection (6) .\n(sec.84-ssec.1) This section applies if after considering the accepted representations for the show cause notice, the chief health officer— still believes a ground exists to suspend or cancel the authority; and believes suspension or cancellation of the authority is warranted.\n(sec.84-ssec.2) This section also applies if there are no accepted representations for the show cause notice.\n(sec.84-ssec.3) The chief health officer may— if the proposed action stated in the show cause notice was to suspend the authority for a stated period—suspend the authority for not longer than the stated period; or if the proposed action stated in the show cause notice was to cancel the authority—either cancel the authority or suspend it for a period.\n(sec.84-ssec.4) The chief health officer must immediately give an information notice about the decision to the authority holder.\n(sec.84-ssec.5) The decision takes effect— on the day the information notice is given to the authority holder; or if a later day is stated in the notice—on the later day.\n(sec.84-ssec.6) If the authority is cancelled or suspended, the person who held the authority must, within 7 days after receiving the information notice, return the authority to the chief health officer, unless the person has a reasonable excuse. Maximum penalty—10 penalty units.\n(sec.84-ssec.7) The chief health officer must, immediately after the suspension stops operating, give to the authority holder the authority that was returned to the chief health officer under subsection (6) .\n- (a) still believes a ground exists to suspend or cancel the authority; and\n- (b) believes suspension or cancellation of the authority is warranted.\n- (a) if the proposed action stated in the show cause notice was to suspend the authority for a stated period—suspend the authority for not longer than the stated period; or\n- (b) if the proposed action stated in the show cause notice was to cancel the authority—either cancel the authority or suspend it for a period.\n- (a) on the day the information notice is given to the authority holder; or\n- (b) if a later day is stated in the notice—on the later day.","sortOrder":105},{"sectionNumber":"sec.85","sectionType":"section","heading":"Immediate suspension of licence","content":"### sec.85 Immediate suspension of licence\n\nThe chief health officer may suspend a licence immediately if the chief health officer believes—\na ground exists to suspend or cancel the licence; and\nthe circumstances are of a nature that it is imperative to suspend the licence immediately to ensure the health and wellbeing of patients are not affected in an adverse and material way.\nThe suspension—\nmust be effected by an information notice given to the licensee with a show cause notice; and\noperates immediately the notices are given; and\ncontinues to operate until the earliest of the following occurs—\nthe chief health officer cancels the remaining period of the suspension;\nthe show cause notice is finally dealt with;\n60 days have passed since the notices were given to the licensee.\nIf the licence is suspended, the person who held the licence must, within 7 days after receiving the notices, return the licence to the chief health officer, unless the person has a reasonable excuse.\nMaximum penalty—10 penalty units.\nThe chief health officer must, immediately after the suspension stops operating, give to the licensee the licence that was returned to the chief health officer under subsection (3) .\n(sec.85-ssec.1) The chief health officer may suspend a licence immediately if the chief health officer believes— a ground exists to suspend or cancel the licence; and the circumstances are of a nature that it is imperative to suspend the licence immediately to ensure the health and wellbeing of patients are not affected in an adverse and material way.\n(sec.85-ssec.2) The suspension— must be effected by an information notice given to the licensee with a show cause notice; and operates immediately the notices are given; and continues to operate until the earliest of the following occurs— the chief health officer cancels the remaining period of the suspension; the show cause notice is finally dealt with; 60 days have passed since the notices were given to the licensee.\n(sec.85-ssec.3) If the licence is suspended, the person who held the licence must, within 7 days after receiving the notices, return the licence to the chief health officer, unless the person has a reasonable excuse. Maximum penalty—10 penalty units.\n(sec.85-ssec.4) The chief health officer must, immediately after the suspension stops operating, give to the licensee the licence that was returned to the chief health officer under subsection (3) .\n- (a) a ground exists to suspend or cancel the licence; and\n- (b) the circumstances are of a nature that it is imperative to suspend the licence immediately to ensure the health and wellbeing of patients are not affected in an adverse and material way.\n- (a) must be effected by an information notice given to the licensee with a show cause notice; and\n- (b) operates immediately the notices are given; and\n- (c) continues to operate until the earliest of the following occurs— (i) the chief health officer cancels the remaining period of the suspension; (ii) the show cause notice is finally dealt with; (iii) 60 days have passed since the notices were given to the licensee.\n- (i) the chief health officer cancels the remaining period of the suspension;\n- (ii) the show cause notice is finally dealt with;\n- (iii) 60 days have passed since the notices were given to the licensee.\n- (i) the chief health officer cancels the remaining period of the suspension;\n- (ii) the show cause notice is finally dealt with;\n- (iii) 60 days have passed since the notices were given to the licensee.","sortOrder":106},{"sectionNumber":"sec.86","sectionType":"section","heading":"Cancellation or reduction of period of suspension of authority","content":"### sec.86 Cancellation or reduction of period of suspension of authority\n\nAt any time a suspension of an authority is in force, the chief health officer may, for any reason the chief health officer considers appropriate—\ncancel the remaining period of the suspension; or\nreduce the remaining period of the suspension.\nThe chief health officer must immediately give to the authority holder—\nwritten notice of the decision; and\nthe authority that was returned by the authority holder to the chief health officer under section 84 (6) .\n(sec.86-ssec.1) At any time a suspension of an authority is in force, the chief health officer may, for any reason the chief health officer considers appropriate— cancel the remaining period of the suspension; or reduce the remaining period of the suspension.\n(sec.86-ssec.2) The chief health officer must immediately give to the authority holder— written notice of the decision; and the authority that was returned by the authority holder to the chief health officer under section 84 (6) .\n- (a) cancel the remaining period of the suspension; or\n- (b) reduce the remaining period of the suspension.\n- (a) written notice of the decision; and\n- (b) the authority that was returned by the authority holder to the chief health officer under section 84 (6) .","sortOrder":107},{"sectionNumber":"pt.8","sectionType":"part","heading":"Investigation and enforcement","content":"# Investigation and enforcement","sortOrder":108},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Authorised persons","content":"## Authorised persons","sortOrder":109},{"sectionNumber":"sec.87","sectionType":"section","heading":"Appointment and qualifications","content":"### sec.87 Appointment and qualifications\n\nThe chief health officer may appoint a person as an authorised person.\nThe chief health officer may appoint a person as an authorised person only if the chief health officer considers the person has the necessary expertise or experience to be an authorised person.\ns 87 amd 2001 No. 78 s 186\n(sec.87-ssec.1) The chief health officer may appoint a person as an authorised person.\n(sec.87-ssec.2) The chief health officer may appoint a person as an authorised person only if the chief health officer considers the person has the necessary expertise or experience to be an authorised person.","sortOrder":110},{"sectionNumber":"sec.88","sectionType":"section","heading":"Functions and powers","content":"### sec.88 Functions and powers\n\nAn authorised person has the functions of conducting investigations and inspections to monitor and enforce compliance with this Act.\nAn authorised person has the powers given under this or another Act.\nAn authorised person is subject to the directions of the chief health officer in exercising the powers.\nAn authorised person’s powers may be limited—\nunder a condition of appointment; or\nby written notice given by the chief health officer to the authorised person.\n(sec.88-ssec.1) An authorised person has the functions of conducting investigations and inspections to monitor and enforce compliance with this Act.\n(sec.88-ssec.2) An authorised person has the powers given under this or another Act.\n(sec.88-ssec.3) An authorised person is subject to the directions of the chief health officer in exercising the powers.\n(sec.88-ssec.4) An authorised person’s powers may be limited— under a condition of appointment; or by written notice given by the chief health officer to the authorised person.\n- (a) under a condition of appointment; or\n- (b) by written notice given by the chief health officer to the authorised person.","sortOrder":111},{"sectionNumber":"sec.89","sectionType":"section","heading":"Appointment conditions","content":"### sec.89 Appointment conditions\n\nAn authorised person holds office on the conditions stated in the instrument of appointment.\nAn authorised person ceases holding office—\nif the appointment provides for a term of appointment—at the end of the term; or\nif the conditions of appointment provide—on ceasing to hold another office (the main office ) stated in the appointment conditions.\nAn authorised person may resign by signed notice of resignation given to the chief health officer.\nHowever, an authorised person may not resign from the office of authorised person (the secondary office ) if a term of the authorised person’s employment to the main office requires the authorised person to hold the secondary office.\n(sec.89-ssec.1) An authorised person holds office on the conditions stated in the instrument of appointment.\n(sec.89-ssec.2) An authorised person ceases holding office— if the appointment provides for a term of appointment—at the end of the term; or if the conditions of appointment provide—on ceasing to hold another office (the main office ) stated in the appointment conditions.\n(sec.89-ssec.3) An authorised person may resign by signed notice of resignation given to the chief health officer.\n(sec.89-ssec.4) However, an authorised person may not resign from the office of authorised person (the secondary office ) if a term of the authorised person’s employment to the main office requires the authorised person to hold the secondary office.\n- (a) if the appointment provides for a term of appointment—at the end of the term; or\n- (b) if the conditions of appointment provide—on ceasing to hold another office (the main office ) stated in the appointment conditions.","sortOrder":112},{"sectionNumber":"sec.90","sectionType":"section","heading":"Identity cards","content":"### sec.90 Identity cards\n\nThe chief health officer must give each authorised person an identity card.\nThe identity card must—\ncontain a recent photograph of the authorised person; and\nbe signed by the authorised person; and\ninclude an expiry date; and\nidentify the person as an authorised person under this Act.\n(sec.90-ssec.1) The chief health officer must give each authorised person an identity card.\n(sec.90-ssec.2) The identity card must— contain a recent photograph of the authorised person; and be signed by the authorised person; and include an expiry date; and identify the person as an authorised person under this Act.\n- (a) contain a recent photograph of the authorised person; and\n- (b) be signed by the authorised person; and\n- (c) include an expiry date; and\n- (d) identify the person as an authorised person under this Act.","sortOrder":113},{"sectionNumber":"sec.91","sectionType":"section","heading":"Failure to return identity card","content":"### sec.91 Failure to return identity card\n\nA person who ceases to be an authorised person must return the person’s identity card to the chief health officer within 7 days after ceasing to be an authorised person, unless the person has a reasonable excuse.\nMaximum penalty—10 penalty units.","sortOrder":114},{"sectionNumber":"sec.92","sectionType":"section","heading":"Production or display of identity card","content":"### sec.92 Production or display of identity card\n\nAn authorised person may exercise a power in relation to someone else (the other person ) only if the authorised person—\nfirst produces the authorised person’s identity card for the other person’s inspection; or\nhas the identity card displayed so it is clearly visible to the other person.\nHowever, if for any reason it is not practicable to comply with subsection (1) before exercising the power, the authorised person must produce the identity card for the other person’s inspection at the first reasonable opportunity.\n(sec.92-ssec.1) An authorised person may exercise a power in relation to someone else (the other person ) only if the authorised person— first produces the authorised person’s identity card for the other person’s inspection; or has the identity card displayed so it is clearly visible to the other person.\n(sec.92-ssec.2) However, if for any reason it is not practicable to comply with subsection (1) before exercising the power, the authorised person must produce the identity card for the other person’s inspection at the first reasonable opportunity.\n- (a) first produces the authorised person’s identity card for the other person’s inspection; or\n- (b) has the identity card displayed so it is clearly visible to the other person.","sortOrder":115},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Powers of authorised persons","content":"## Powers of authorised persons","sortOrder":116},{"sectionNumber":"sec.93","sectionType":"section","heading":"Power to enter places","content":"### sec.93 Power to enter places\n\nAn authorised person may enter a place if—\nits occupier consents to the entry; or\nit is a public place and the entry is made when it is open to the public; or\nthe entry is authorised by a warrant; or\nit is a private health facility to which a licence relates and the entry is made when the facility is open for business or otherwise open for entry.\nFor the purpose of asking the occupier of a place for consent to enter, an authorised person may, without the occupier’s consent or a warrant—\nenter land around premises at the place to an extent that is reasonable to contact the occupier; or\nenter part of the place the authorised person reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\nIn subsection (1) (d) —\nwhen the facility is open for business includes when health services are being provided at the facility.\n(sec.93-ssec.1) An authorised person may enter a place if— its occupier consents to the entry; or it is a public place and the entry is made when it is open to the public; or the entry is authorised by a warrant; or it is a private health facility to which a licence relates and the entry is made when the facility is open for business or otherwise open for entry.\n(sec.93-ssec.2) For the purpose of asking the occupier of a place for consent to enter, an authorised person may, without the occupier’s consent or a warrant— enter land around premises at the place to an extent that is reasonable to contact the occupier; or enter part of the place the authorised person reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\n(sec.93-ssec.3) In subsection (1) (d) — when the facility is open for business includes when health services are being provided at the facility.\n- (a) its occupier consents to the entry; or\n- (b) it is a public place and the entry is made when it is open to the public; or\n- (c) the entry is authorised by a warrant; or\n- (d) it is a private health facility to which a licence relates and the entry is made when the facility is open for business or otherwise open for entry.\n- (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or\n- (b) enter part of the place the authorised person reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.","sortOrder":117},{"sectionNumber":"sec.94","sectionType":"section","heading":"Entry with consent","content":"### sec.94 Entry with consent\n\nThis section applies if an authorised person intends to ask an occupier of a place to consent to the authorised person or another authorised person entering the place under section 93 (1) (a) .\nBefore asking for the consent, the authorised person must tell the occupier—\nthe purpose of the entry; and\nthat the occupier is not required to consent.\nIf the consent is given, the authorised person may ask the occupier to sign an acknowledgement of the consent.\nThe acknowledgement must state—\nthe occupier has been told—\nthe purpose of the entry; and\nthat the occupier is not required to consent; and\nthe purpose of the entry; and\nthe occupier gives the authorised person consent to enter the place and exercise powers under this division; and\nthe time and date the consent was given.\nIf the occupier signs the acknowledgement, the authorised person must immediately give a copy to the occupier.\nA court must find the occupier of a place did not consent to an authorised person entering the place under this division if—\nan issue arises in a proceeding before the court whether the occupier of the place consented to the entry under section 93 (1) (a) ; and\nan acknowledgement mentioned in subsection (4) is not produced in evidence for the entry; and\nit is not proved by the person relying on the lawfulness of the entry that the occupier consented to the entry.\n(sec.94-ssec.1) This section applies if an authorised person intends to ask an occupier of a place to consent to the authorised person or another authorised person entering the place under section 93 (1) (a) .\n(sec.94-ssec.2) Before asking for the consent, the authorised person must tell the occupier— the purpose of the entry; and that the occupier is not required to consent.\n(sec.94-ssec.3) If the consent is given, the authorised person may ask the occupier to sign an acknowledgement of the consent.\n(sec.94-ssec.4) The acknowledgement must state— the occupier has been told— the purpose of the entry; and that the occupier is not required to consent; and the purpose of the entry; and the occupier gives the authorised person consent to enter the place and exercise powers under this division; and the time and date the consent was given.\n(sec.94-ssec.5) If the occupier signs the acknowledgement, the authorised person must immediately give a copy to the occupier.\n(sec.94-ssec.6) A court must find the occupier of a place did not consent to an authorised person entering the place under this division if— an issue arises in a proceeding before the court whether the occupier of the place consented to the entry under section 93 (1) (a) ; and an acknowledgement mentioned in subsection (4) is not produced in evidence for the entry; and it is not proved by the person relying on the lawfulness of the entry that the occupier consented to the entry.\n- (a) the purpose of the entry; and\n- (b) that the occupier is not required to consent.\n- (a) the occupier has been told— (i) the purpose of the entry; and (ii) that the occupier is not required to consent; and\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (b) the purpose of the entry; and\n- (c) the occupier gives the authorised person consent to enter the place and exercise powers under this division; and\n- (d) the time and date the consent was given.\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (a) an issue arises in a proceeding before the court whether the occupier of the place consented to the entry under section 93 (1) (a) ; and\n- (b) an acknowledgement mentioned in subsection (4) is not produced in evidence for the entry; and\n- (c) it is not proved by the person relying on the lawfulness of the entry that the occupier consented to the entry.","sortOrder":118},{"sectionNumber":"sec.95","sectionType":"section","heading":"Application for warrant","content":"### sec.95 Application for warrant\n\nAn authorised officer may apply to a magistrate for a warrant for a place.\nThe application must be sworn and state the grounds on which the warrant is sought.\nThe magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the application to be given by statutory declaration.\n(sec.95-ssec.1) An authorised officer may apply to a magistrate for a warrant for a place.\n(sec.95-ssec.2) The application must be sworn and state the grounds on which the warrant is sought.\n(sec.95-ssec.3) The magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application to be given by statutory declaration.","sortOrder":119},{"sectionNumber":"sec.96","sectionType":"section","heading":"Issue of warrant","content":"### sec.96 Issue of warrant\n\nThe magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting—\nthere is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and\nthe evidence is at the place, or, within the next 7 days, may be at the place.\nThe warrant must state—\nthat a stated authorised person may, with necessary and reasonable help and force—\nenter the place and any other place necessary for the entry; and\nexercise the authorised person’s powers under this division; and\nthe offence for which the warrant is sought; and\nthe evidence that may be seized under the warrant; and\nthe hours of the day or night when the place may be entered; and\nthe date, within 14 days after the warrant’s issue, the warrant ends.\n(sec.96-ssec.1) The magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting— there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and the evidence is at the place, or, within the next 7 days, may be at the place.\n(sec.96-ssec.2) The warrant must state— that a stated authorised person may, with necessary and reasonable help and force— enter the place and any other place necessary for the entry; and exercise the authorised person’s powers under this division; and the offence for which the warrant is sought; and the evidence that may be seized under the warrant; and the hours of the day or night when the place may be entered; and the date, within 14 days after the warrant’s issue, the warrant ends.\n- (a) there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and\n- (b) the evidence is at the place, or, within the next 7 days, may be at the place.\n- (a) that a stated authorised person may, with necessary and reasonable help and force— (i) enter the place and any other place necessary for the entry; and (ii) exercise the authorised person’s powers under this division; and\n- (i) enter the place and any other place necessary for the entry; and\n- (ii) exercise the authorised person’s powers under this division; and\n- (b) the offence for which the warrant is sought; and\n- (c) the evidence that may be seized under the warrant; and\n- (d) the hours of the day or night when the place may be entered; and\n- (e) the date, within 14 days after the warrant’s issue, the warrant ends.\n- (i) enter the place and any other place necessary for the entry; and\n- (ii) exercise the authorised person’s powers under this division; and","sortOrder":120},{"sectionNumber":"sec.97","sectionType":"section","heading":"Special warrants","content":"### sec.97 Special warrants\n\nAn authorised person may apply for a warrant (a special warrant ) by phone, fax, radio or another form of communication if the authorised person considers it necessary because of—\nurgent circumstances; or\nother special circumstances, including, for example, the authorised person’s remote location.\nBefore applying for the special warrant, the authorised person must prepare an application stating the grounds on which the warrant is sought.\nThe authorised person may apply for the special warrant before the application is sworn.\nAfter issuing the special warrant, the magistrate must promptly fax a copy (a facsimile warrant ) to the authorised person if it is reasonably practicable to fax the copy.\nIf it is not reasonably practicable to fax a copy to the authorised person—\nthe magistrate must tell the authorised person—\nwhat the terms of the special warrant are; and\nthe date and time the special warrant is issued; and\nthe authorised person must complete a form of warrant (a warrant form ) and write on it—\nthe magistrate’s name; and\nthe date and time the magistrate issued the special warrant; and\nthe terms of the special warrant.\nThe facsimile warrant, or the warrant form properly completed by the authorised person, authorises the entry and the exercise of the other powers stated in the special warrant issued.\nThe authorised person must, at the first reasonable opportunity, send to the magistrate—\nthe sworn application; and\nif the authorised person completed a warrant form—the completed warrant form.\nOn receiving the documents, the magistrate must attach them to the special warrant.\nA court must find the exercise of the power by an authorised person was not authorised by a special warrant if—\nan issue arises in a proceeding before the court whether the exercise of the power was authorised by a special warrant mentioned in subsection (1) ; and\nthe special warrant is not produced in evidence; and\nit is not proved by the person relying on the lawfulness of the entry that the authorised person obtained the special warrant.\n(sec.97-ssec.1) An authorised person may apply for a warrant (a special warrant ) by phone, fax, radio or another form of communication if the authorised person considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the authorised person’s remote location.\n(sec.97-ssec.2) Before applying for the special warrant, the authorised person must prepare an application stating the grounds on which the warrant is sought.\n(sec.97-ssec.3) The authorised person may apply for the special warrant before the application is sworn.\n(sec.97-ssec.4) After issuing the special warrant, the magistrate must promptly fax a copy (a facsimile warrant ) to the authorised person if it is reasonably practicable to fax the copy.\n(sec.97-ssec.5) If it is not reasonably practicable to fax a copy to the authorised person— the magistrate must tell the authorised person— what the terms of the special warrant are; and the date and time the special warrant is issued; and the authorised person must complete a form of warrant (a warrant form ) and write on it— the magistrate’s name; and the date and time the magistrate issued the special warrant; and the terms of the special warrant.\n(sec.97-ssec.6) The facsimile warrant, or the warrant form properly completed by the authorised person, authorises the entry and the exercise of the other powers stated in the special warrant issued.\n(sec.97-ssec.7) The authorised person must, at the first reasonable opportunity, send to the magistrate— the sworn application; and if the authorised person completed a warrant form—the completed warrant form.\n(sec.97-ssec.8) On receiving the documents, the magistrate must attach them to the special warrant.\n(sec.97-ssec.9) A court must find the exercise of the power by an authorised person was not authorised by a special warrant if— an issue arises in a proceeding before the court whether the exercise of the power was authorised by a special warrant mentioned in subsection (1) ; and the special warrant is not produced in evidence; and it is not proved by the person relying on the lawfulness of the entry that the authorised person obtained the special warrant.\n- (a) urgent circumstances; or\n- (b) other special circumstances, including, for example, the authorised person’s remote location.\n- (a) the magistrate must tell the authorised person— (i) what the terms of the special warrant are; and (ii) the date and time the special warrant is issued; and\n- (i) what the terms of the special warrant are; and\n- (ii) the date and time the special warrant is issued; and\n- (b) the authorised person must complete a form of warrant (a warrant form ) and write on it— (i) the magistrate’s name; and (ii) the date and time the magistrate issued the special warrant; and (iii) the terms of the special warrant.\n- (i) the magistrate’s name; and\n- (ii) the date and time the magistrate issued the special warrant; and\n- (iii) the terms of the special warrant.\n- (i) what the terms of the special warrant are; and\n- (ii) the date and time the special warrant is issued; and\n- (i) the magistrate’s name; and\n- (ii) the date and time the magistrate issued the special warrant; and\n- (iii) the terms of the special warrant.\n- (a) the sworn application; and\n- (b) if the authorised person completed a warrant form—the completed warrant form.\n- (a) an issue arises in a proceeding before the court whether the exercise of the power was authorised by a special warrant mentioned in subsection (1) ; and\n- (b) the special warrant is not produced in evidence; and\n- (c) it is not proved by the person relying on the lawfulness of the entry that the authorised person obtained the special warrant.","sortOrder":121},{"sectionNumber":"sec.98","sectionType":"section","heading":"Warrants—procedure before entry","content":"### sec.98 Warrants—procedure before entry\n\nThis section applies if an authorised person named in a warrant issued under this division for a place is intending to enter the place under the warrant.\nBefore entering the place, the authorised person must do or make a reasonable attempt to do the following things—\nidentify himself or herself to a person present at the place who is an occupier of the place by producing the authorised person’s identity card or a copy of another document evidencing the authorised person’s appointment;\ngive the person a copy of the warrant or, if the entry is authorised by a facsimile warrant or warrant form mentioned in section 97 (6) , a copy of the facsimile warrant or warrant form;\ntell the person the authorised person is permitted by the warrant to enter the place;\ngive the person an opportunity to allow the authorised person immediate entry to the place without using force.\nHowever, the authorised person need not comply with subsection (2) if the authorised person believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\n(sec.98-ssec.1) This section applies if an authorised person named in a warrant issued under this division for a place is intending to enter the place under the warrant.\n(sec.98-ssec.2) Before entering the place, the authorised person must do or make a reasonable attempt to do the following things— identify himself or herself to a person present at the place who is an occupier of the place by producing the authorised person’s identity card or a copy of another document evidencing the authorised person’s appointment; give the person a copy of the warrant or, if the entry is authorised by a facsimile warrant or warrant form mentioned in section 97 (6) , a copy of the facsimile warrant or warrant form; tell the person the authorised person is permitted by the warrant to enter the place; give the person an opportunity to allow the authorised person immediate entry to the place without using force.\n(sec.98-ssec.3) However, the authorised person need not comply with subsection (2) if the authorised person believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\n- (a) identify himself or herself to a person present at the place who is an occupier of the place by producing the authorised person’s identity card or a copy of another document evidencing the authorised person’s appointment;\n- (b) give the person a copy of the warrant or, if the entry is authorised by a facsimile warrant or warrant form mentioned in section 97 (6) , a copy of the facsimile warrant or warrant form;\n- (c) tell the person the authorised person is permitted by the warrant to enter the place;\n- (d) give the person an opportunity to allow the authorised person immediate entry to the place without using force.","sortOrder":122},{"sectionNumber":"sec.99","sectionType":"section","heading":"General powers after entering places","content":"### sec.99 General powers after entering places\n\nThis section applies to an authorised person who enters a place.\nHowever, if an authorised person enters a place to get the occupier’s consent to enter the place, this section applies to the authorised person only if the consent is given or the entry is otherwise authorised.\nFor monitoring or enforcing compliance with this Act, the authorised person may—\nsearch any part of the place; or\ninspect, measure, test, photograph or film any part of the place or anything at the place; or\ntake a thing, or a sample of or from a thing, at the place for analysis or testing; or\ncopy a document at the place; or\ntake into or onto the place any person, equipment and materials the authorised person reasonably requires for the exercise of a power under this division; or\nrequire the occupier of the place, or a person at the place, to give the authorised person reasonable help to exercise the authorised person’s powers under paragraphs (a) to (e) ; or\nrequire the occupier of a place, or a person at the place, to give the authorised person information to help the authorised person ascertain whether the Act is being complied with.\nWhen making a requirement mentioned in subsection (3) (f) or (g) , the authorised person must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\n(sec.99-ssec.1) This section applies to an authorised person who enters a place.\n(sec.99-ssec.2) However, if an authorised person enters a place to get the occupier’s consent to enter the place, this section applies to the authorised person only if the consent is given or the entry is otherwise authorised.\n(sec.99-ssec.3) For monitoring or enforcing compliance with this Act, the authorised person may— search any part of the place; or inspect, measure, test, photograph or film any part of the place or anything at the place; or take a thing, or a sample of or from a thing, at the place for analysis or testing; or copy a document at the place; or take into or onto the place any person, equipment and materials the authorised person reasonably requires for the exercise of a power under this division; or require the occupier of the place, or a person at the place, to give the authorised person reasonable help to exercise the authorised person’s powers under paragraphs (a) to (e) ; or require the occupier of a place, or a person at the place, to give the authorised person information to help the authorised person ascertain whether the Act is being complied with.\n(sec.99-ssec.4) When making a requirement mentioned in subsection (3) (f) or (g) , the authorised person must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\n- (a) search any part of the place; or\n- (b) inspect, measure, test, photograph or film any part of the place or anything at the place; or\n- (c) take a thing, or a sample of or from a thing, at the place for analysis or testing; or\n- (d) copy a document at the place; or\n- (e) take into or onto the place any person, equipment and materials the authorised person reasonably requires for the exercise of a power under this division; or\n- (f) require the occupier of the place, or a person at the place, to give the authorised person reasonable help to exercise the authorised person’s powers under paragraphs (a) to (e) ; or\n- (g) require the occupier of a place, or a person at the place, to give the authorised person information to help the authorised person ascertain whether the Act is being complied with.","sortOrder":123},{"sectionNumber":"sec.100","sectionType":"section","heading":"Exercise of general powers","content":"### sec.100 Exercise of general powers\n\nWhen entering a place to exercise powers for monitoring or enforcing compliance with this Act, an authorised person must not do anything that may adversely affect the health or physical privacy of a person in the place.\nentering a room while a person is being examined by a medical practitioner","sortOrder":124},{"sectionNumber":"sec.101","sectionType":"section","heading":"Failure to help authorised person","content":"### sec.101 Failure to help authorised person\n\nA person required to give reasonable help under section 99 (3) (f) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIf the requirement is to be complied with by an individual giving information, or producing a document, it is a reasonable excuse for the individual not to comply with the requirement that complying with the requirement may tend to incriminate the individual.\n(sec.101-ssec.1) A person required to give reasonable help under section 99 (3) (f) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.101-ssec.2) If the requirement is to be complied with by an individual giving information, or producing a document, it is a reasonable excuse for the individual not to comply with the requirement that complying with the requirement may tend to incriminate the individual.","sortOrder":125},{"sectionNumber":"sec.102","sectionType":"section","heading":"Failure to give information","content":"### sec.102 Failure to give information\n\nA person of whom a requirement is made under section 99 (3) (g) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIt is a reasonable excuse for an individual not to comply with the requirement that complying with the requirement may tend to incriminate the individual.\n(sec.102-ssec.1) A person of whom a requirement is made under section 99 (3) (g) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.102-ssec.2) It is a reasonable excuse for an individual not to comply with the requirement that complying with the requirement may tend to incriminate the individual.","sortOrder":126},{"sectionNumber":"sec.103","sectionType":"section","heading":"Seizing evidence at a place that may be entered without consent or warrant","content":"### sec.103 Seizing evidence at a place that may be entered without consent or warrant\n\nAn authorised person who enters a place that may be entered under this division without the consent of the occupier and without a warrant, may seize a thing at the place if the authorised person reasonably believes the thing is evidence of an offence against this Act.","sortOrder":127},{"sectionNumber":"sec.104","sectionType":"section","heading":"Seizing evidence at place that may only be entered with consent or warrant","content":"### sec.104 Seizing evidence at place that may only be entered with consent or warrant\n\nThis section applies if—\nan authorised person is authorised to enter a place under this division only with the consent of the occupier or a warrant; and\nthe authorised person enters the place after obtaining the necessary consent or warrant.\nIf the authorised person enters the place with the occupier’s consent, the authorised person may seize a thing at the place if—\nthe authorised person reasonably believes the thing is evidence of an offence against this Act; and\nseizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.\nIf the authorised person enters the place with a warrant, the authorised person may seize the evidence for which the warrant was issued.\nThe authorised person may seize anything else at the place if the authorised person reasonably believes—\nthe thing is evidence of an offence against this Act; and\nthe seizure is necessary to prevent the thing being—\nhidden, lost or destroyed; or\nused to continue, or repeat, the offence.\nAlso, the authorised person may seize a thing at the place if the authorised person reasonably believes it has just been used in committing an offence against this Act.\n(sec.104-ssec.1) This section applies if— an authorised person is authorised to enter a place under this division only with the consent of the occupier or a warrant; and the authorised person enters the place after obtaining the necessary consent or warrant.\n(sec.104-ssec.2) If the authorised person enters the place with the occupier’s consent, the authorised person may seize a thing at the place if— the authorised person reasonably believes the thing is evidence of an offence against this Act; and seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.\n(sec.104-ssec.3) If the authorised person enters the place with a warrant, the authorised person may seize the evidence for which the warrant was issued.\n(sec.104-ssec.4) The authorised person may seize anything else at the place if the authorised person reasonably believes— the thing is evidence of an offence against this Act; and the seizure is necessary to prevent the thing being— hidden, lost or destroyed; or used to continue, or repeat, the offence.\n(sec.104-ssec.5) Also, the authorised person may seize a thing at the place if the authorised person reasonably believes it has just been used in committing an offence against this Act.\n- (a) an authorised person is authorised to enter a place under this division only with the consent of the occupier or a warrant; and\n- (b) the authorised person enters the place after obtaining the necessary consent or warrant.\n- (a) the authorised person reasonably believes the thing is evidence of an offence against this Act; and\n- (b) seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.\n- (a) the thing is evidence of an offence against this Act; and\n- (b) the seizure is necessary to prevent the thing being— (i) hidden, lost or destroyed; or (ii) used to continue, or repeat, the offence.\n- (i) hidden, lost or destroyed; or\n- (ii) used to continue, or repeat, the offence.\n- (i) hidden, lost or destroyed; or\n- (ii) used to continue, or repeat, the offence.","sortOrder":128},{"sectionNumber":"sec.105","sectionType":"section","heading":"Securing seized things","content":"### sec.105 Securing seized things\n\nHaving seized a thing, an authorised person may—\nmove the thing from the place where it was seized (the place of seizure ); or\nleave the thing at the place of seizure but take reasonable action to restrict access to it; or\nif the thing is equipment—make it inoperable.\nsealing a thing and marking it to show access to it is restricted\nsealing the entrance to a room where the thing is situated and marking it to show access to it is restricted\ndismantling equipment or removing a component of equipment without which the equipment is not capable of being used\n- (a) move the thing from the place where it was seized (the place of seizure ); or\n- (b) leave the thing at the place of seizure but take reasonable action to restrict access to it; or\n- (c) if the thing is equipment—make it inoperable. Examples of restricting access to a thing— 1 sealing a thing and marking it to show access to it is restricted 2 sealing the entrance to a room where the thing is situated and marking it to show access to it is restricted Example of making equipment inoperable— dismantling equipment or removing a component of equipment without which the equipment is not capable of being used\n- 1 sealing a thing and marking it to show access to it is restricted\n- 2 sealing the entrance to a room where the thing is situated and marking it to show access to it is restricted\n- 1 sealing a thing and marking it to show access to it is restricted\n- 2 sealing the entrance to a room where the thing is situated and marking it to show access to it is restricted","sortOrder":129},{"sectionNumber":"sec.106","sectionType":"section","heading":"Tampering with seized things","content":"### sec.106 Tampering with seized things\n\nIf an authorised person restricts access to a seized thing, a person must not tamper, or attempt to tamper, with the thing, or something restricting access to the thing, without an authorised person’s approval.\nMaximum penalty—100 penalty units.\nIf an authorised person makes seized equipment inoperable, a person must not tamper, or attempt to tamper, with the equipment, without an authorised person’s approval.\nMaximum penalty—100 penalty units.\ns 106 amd 2001 No. 78 s 187\n(sec.106-ssec.1) If an authorised person restricts access to a seized thing, a person must not tamper, or attempt to tamper, with the thing, or something restricting access to the thing, without an authorised person’s approval. Maximum penalty—100 penalty units.\n(sec.106-ssec.2) If an authorised person makes seized equipment inoperable, a person must not tamper, or attempt to tamper, with the equipment, without an authorised person’s approval. Maximum penalty—100 penalty units.","sortOrder":130},{"sectionNumber":"sec.107","sectionType":"section","heading":"Powers to support seizure","content":"### sec.107 Powers to support seizure\n\nTo enable a thing to be seized, an authorised person may require the person in control of it—\nto take it to a stated reasonable place by a stated reasonable time; and\nif necessary, to remain in control of it at the stated place for a stated reasonable period.\nThe requirement—\nmust be made by notice in the approved form; or\nif for any reason it is not practicable to give the notice, may be made orally and confirmed by a notice in the approved form as soon as practicable.\nA further requirement may be made under this section about the thing if it is necessary and reasonable to make the further requirement.\nA person of whom a requirement is made under subsection (1) or (3) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty for subsection (4) —50 penalty units.\n(sec.107-ssec.1) To enable a thing to be seized, an authorised person may require the person in control of it— to take it to a stated reasonable place by a stated reasonable time; and if necessary, to remain in control of it at the stated place for a stated reasonable period.\n(sec.107-ssec.2) The requirement— must be made by notice in the approved form; or if for any reason it is not practicable to give the notice, may be made orally and confirmed by a notice in the approved form as soon as practicable.\n(sec.107-ssec.3) A further requirement may be made under this section about the thing if it is necessary and reasonable to make the further requirement.\n(sec.107-ssec.4) A person of whom a requirement is made under subsection (1) or (3) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty for subsection (4) —50 penalty units.\n- (a) to take it to a stated reasonable place by a stated reasonable time; and\n- (b) if necessary, to remain in control of it at the stated place for a stated reasonable period.\n- (a) must be made by notice in the approved form; or\n- (b) if for any reason it is not practicable to give the notice, may be made orally and confirmed by a notice in the approved form as soon as practicable.","sortOrder":131},{"sectionNumber":"sec.108","sectionType":"section","heading":"Receipts for seized things","content":"### sec.108 Receipts for seized things\n\nAs soon as practicable after an authorised person seizes a thing, the authorised person must give a receipt for it to the person from whom it was seized.\nHowever, if for any reason it is not practicable to comply with subsection (1) , the authorised person must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.\nThe receipt must describe generally each thing seized and its condition.\nThis section does not apply to a thing if it is impracticable, or would be unreasonable, to give the receipt (given the thing’s nature, condition and value).\n(sec.108-ssec.1) As soon as practicable after an authorised person seizes a thing, the authorised person must give a receipt for it to the person from whom it was seized.\n(sec.108-ssec.2) However, if for any reason it is not practicable to comply with subsection (1) , the authorised person must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.\n(sec.108-ssec.3) The receipt must describe generally each thing seized and its condition.\n(sec.108-ssec.4) This section does not apply to a thing if it is impracticable, or would be unreasonable, to give the receipt (given the thing’s nature, condition and value).","sortOrder":132},{"sectionNumber":"sec.109","sectionType":"section","heading":"Forfeiture by authorised person","content":"### sec.109 Forfeiture by authorised person\n\nA thing that has been seized under this subdivision is forfeited to the State if the authorised person who seized the thing—\ncan not find its owner, after making reasonable inquiries; or\ncan not return it to its owner, after making reasonable efforts; or\nreasonably believes it is necessary to keep the thing to prevent it being used to commit an offence against this Act.\nIn applying subsection (1) —\nsubsection (1) (a) does not require the authorised person to make inquiries if it would be unreasonable to make inquiries to find the owner; and\nsubsection (1) (b) does not require the authorised person to make efforts if it would be unreasonable to make efforts to return the thing to its owner.\nthe owner of the thing has migrated to another country\nIf the authorised person makes a decision under subsection (1) (c) resulting in the seized thing being forfeited to the State, the authorised person must immediately give the owner an information notice about the decision.\nSubsection (3) does not apply if—\nthe authorised person can not find the owner, after making reasonable inquiries; or\nit is impracticable or would be unreasonable to give the information notice.\nRegard must be had to a thing’s nature, condition and value—\nin deciding—\nwhether it is reasonable to make inquiries or efforts; and\nif making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable; or\nin deciding whether it would be unreasonable to give the information notice.\n(sec.109-ssec.1) A thing that has been seized under this subdivision is forfeited to the State if the authorised person who seized the thing— can not find its owner, after making reasonable inquiries; or can not return it to its owner, after making reasonable efforts; or reasonably believes it is necessary to keep the thing to prevent it being used to commit an offence against this Act.\n(sec.109-ssec.2) In applying subsection (1) — subsection (1) (a) does not require the authorised person to make inquiries if it would be unreasonable to make inquiries to find the owner; and subsection (1) (b) does not require the authorised person to make efforts if it would be unreasonable to make efforts to return the thing to its owner. the owner of the thing has migrated to another country\n(sec.109-ssec.3) If the authorised person makes a decision under subsection (1) (c) resulting in the seized thing being forfeited to the State, the authorised person must immediately give the owner an information notice about the decision.\n(sec.109-ssec.4) Subsection (3) does not apply if— the authorised person can not find the owner, after making reasonable inquiries; or it is impracticable or would be unreasonable to give the information notice.\n(sec.109-ssec.5) Regard must be had to a thing’s nature, condition and value— in deciding— whether it is reasonable to make inquiries or efforts; and if making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable; or in deciding whether it would be unreasonable to give the information notice.\n- (a) can not find its owner, after making reasonable inquiries; or\n- (b) can not return it to its owner, after making reasonable efforts; or\n- (c) reasonably believes it is necessary to keep the thing to prevent it being used to commit an offence against this Act.\n- (a) subsection (1) (a) does not require the authorised person to make inquiries if it would be unreasonable to make inquiries to find the owner; and\n- (b) subsection (1) (b) does not require the authorised person to make efforts if it would be unreasonable to make efforts to return the thing to its owner. Example for paragraph (b) — the owner of the thing has migrated to another country\n- (a) the authorised person can not find the owner, after making reasonable inquiries; or\n- (b) it is impracticable or would be unreasonable to give the information notice.\n- (a) in deciding— (i) whether it is reasonable to make inquiries or efforts; and (ii) if making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable; or\n- (i) whether it is reasonable to make inquiries or efforts; and\n- (ii) if making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable; or\n- (b) in deciding whether it would be unreasonable to give the information notice.\n- (i) whether it is reasonable to make inquiries or efforts; and\n- (ii) if making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable; or","sortOrder":133},{"sectionNumber":"sec.110","sectionType":"section","heading":"Forfeiture on conviction","content":"### sec.110 Forfeiture on conviction\n\nOn conviction of a person for an offence against this Act, the court may order the forfeiture to the State of anything owned by the person and seized under this subdivision.\nThe court may make any order to enforce the forfeiture it considers appropriate.\nThis section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.\n(sec.110-ssec.1) On conviction of a person for an offence against this Act, the court may order the forfeiture to the State of anything owned by the person and seized under this subdivision.\n(sec.110-ssec.2) The court may make any order to enforce the forfeiture it considers appropriate.\n(sec.110-ssec.3) This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.","sortOrder":134},{"sectionNumber":"sec.111","sectionType":"section","heading":"Dealing with forfeited things","content":"### sec.111 Dealing with forfeited things\n\nOn forfeiture of a thing to the State, the thing becomes the State’s property and may be dealt with by the chief health officer as the chief health officer considers appropriate.\nWithout limiting subsection (1) , the chief health officer may destroy or dispose of the thing.\nDespite subsection (1) , the chief health officer must not deal with the thing in a way that could prejudice the outcome of a review applied for under part 9 .\ns 111 amd 2009 No. 24 s 1204\n(sec.111-ssec.1) On forfeiture of a thing to the State, the thing becomes the State’s property and may be dealt with by the chief health officer as the chief health officer considers appropriate.\n(sec.111-ssec.2) Without limiting subsection (1) , the chief health officer may destroy or dispose of the thing.\n(sec.111-ssec.3) Despite subsection (1) , the chief health officer must not deal with the thing in a way that could prejudice the outcome of a review applied for under part 9 .","sortOrder":135},{"sectionNumber":"sec.112","sectionType":"section","heading":"Return of seized things","content":"### sec.112 Return of seized things\n\nIf a seized thing is not forfeited, the authorised person must return it to its owner—\nat the end of 6 months; or\nif a proceeding for an offence involving the thing is started within 6 months—at the end of the proceeding and any appeal from the proceeding.\nDespite subsection (1) , unless the thing is forfeited, the authorised person must immediately return a thing seized as evidence to its owner if the authorised person stops being satisfied its continued retention as evidence is necessary.\n(sec.112-ssec.1) If a seized thing is not forfeited, the authorised person must return it to its owner— at the end of 6 months; or if a proceeding for an offence involving the thing is started within 6 months—at the end of the proceeding and any appeal from the proceeding.\n(sec.112-ssec.2) Despite subsection (1) , unless the thing is forfeited, the authorised person must immediately return a thing seized as evidence to its owner if the authorised person stops being satisfied its continued retention as evidence is necessary.\n- (a) at the end of 6 months; or\n- (b) if a proceeding for an offence involving the thing is started within 6 months—at the end of the proceeding and any appeal from the proceeding.","sortOrder":136},{"sectionNumber":"sec.113","sectionType":"section","heading":"Access to seized things","content":"### sec.113 Access to seized things\n\nUntil a seized thing is forfeited or returned, an authorised person must allow its owner to inspect it and, if it is a document, to copy it.\nSubsection (1) does not apply if it is impracticable, or would be unreasonable, to allow the inspection or copying.\n(sec.113-ssec.1) Until a seized thing is forfeited or returned, an authorised person must allow its owner to inspect it and, if it is a document, to copy it.\n(sec.113-ssec.2) Subsection (1) does not apply if it is impracticable, or would be unreasonable, to allow the inspection or copying.","sortOrder":137},{"sectionNumber":"sec.114","sectionType":"section","heading":"Power to require name and address","content":"### sec.114 Power to require name and address\n\nThis section applies if—\nan authorised person finds a person committing an offence against this Act; or\nan authorised person finds a person in circumstances that lead, or has information that leads, the authorised person to reasonably suspect the person has just committed an offence against this Act.\nThe authorised person may require the person to state the person’s name and residential address.\nWhen making the requirement, the authorised person must warn the person it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse.\nThe authorised person may require the person to give evidence of the correctness of the stated name or residential address if the authorised person reasonably suspects the stated name or address to be false.\n(sec.114-ssec.1) This section applies if— an authorised person finds a person committing an offence against this Act; or an authorised person finds a person in circumstances that lead, or has information that leads, the authorised person to reasonably suspect the person has just committed an offence against this Act.\n(sec.114-ssec.2) The authorised person may require the person to state the person’s name and residential address.\n(sec.114-ssec.3) When making the requirement, the authorised person must warn the person it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse.\n(sec.114-ssec.4) The authorised person may require the person to give evidence of the correctness of the stated name or residential address if the authorised person reasonably suspects the stated name or address to be false.\n- (a) an authorised person finds a person committing an offence against this Act; or\n- (b) an authorised person finds a person in circumstances that lead, or has information that leads, the authorised person to reasonably suspect the person has just committed an offence against this Act.","sortOrder":138},{"sectionNumber":"sec.115","sectionType":"section","heading":"Failure to give name or address","content":"### sec.115 Failure to give name or address\n\nA person of whom a requirement under section 114 is made must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nA person does not commit an offence against subsection (1) if—\nthe person was required to state the person’s name and residential address by an authorised person who suspected the person had committed an offence against this Act; and\nthe person is not proved to have committed the offence.\n(sec.115-ssec.1) A person of whom a requirement under section 114 is made must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.115-ssec.2) A person does not commit an offence against subsection (1) if— the person was required to state the person’s name and residential address by an authorised person who suspected the person had committed an offence against this Act; and the person is not proved to have committed the offence.\n- (a) the person was required to state the person’s name and residential address by an authorised person who suspected the person had committed an offence against this Act; and\n- (b) the person is not proved to have committed the offence.","sortOrder":139},{"sectionNumber":"sec.116","sectionType":"section","heading":"Power to require production of documents","content":"### sec.116 Power to require production of documents\n\nAn authorised person may require a person to make available for inspection by an authorised person, or produce to the authorised person for inspection, at a reasonable time and place nominated by the authorised person—\na document issued to the person under this Act; or\na document required to be kept by the person under this Act.\nThe authorised person may keep the document to copy it.\nIf the authorised person copies a document mentioned in subsection (1) (b) , or an entry in the document, the authorised person may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry.\nThe authorised person must return the document to the person as soon as practicable after copying it.\nHowever, if a requirement (a document certification requirement ) is made of a person under subsection (3) , the authorised person may keep the document until the person complies with the requirement.\nA requirement under subsection (1) is called a document production requirement .\n(sec.116-ssec.1) An authorised person may require a person to make available for inspection by an authorised person, or produce to the authorised person for inspection, at a reasonable time and place nominated by the authorised person— a document issued to the person under this Act; or a document required to be kept by the person under this Act.\n(sec.116-ssec.2) The authorised person may keep the document to copy it.\n(sec.116-ssec.3) If the authorised person copies a document mentioned in subsection (1) (b) , or an entry in the document, the authorised person may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry.\n(sec.116-ssec.4) The authorised person must return the document to the person as soon as practicable after copying it.\n(sec.116-ssec.5) However, if a requirement (a document certification requirement ) is made of a person under subsection (3) , the authorised person may keep the document until the person complies with the requirement.\n(sec.116-ssec.6) A requirement under subsection (1) is called a document production requirement .\n- (a) a document issued to the person under this Act; or\n- (b) a document required to be kept by the person under this Act.","sortOrder":140},{"sectionNumber":"sec.117","sectionType":"section","heading":"Failure to certify copy of document","content":"### sec.117 Failure to certify copy of document\n\nA person of whom a document certification requirement is made must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.","sortOrder":141},{"sectionNumber":"sec.118","sectionType":"section","heading":"Failure to produce document","content":"### sec.118 Failure to produce document\n\nA person of whom a document production requirement is made must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIt is a reasonable excuse for an individual not to comply with a document production requirement if complying with the requirement might tend to incriminate the individual.\n(sec.118-ssec.1) A person of whom a document production requirement is made must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.118-ssec.2) It is a reasonable excuse for an individual not to comply with a document production requirement if complying with the requirement might tend to incriminate the individual.","sortOrder":142},{"sectionNumber":"sec.119","sectionType":"section","heading":"Power to require information","content":"### sec.119 Power to require information\n\nThis section applies if an authorised person reasonably believes—\nan offence against this Act has been committed; and\na person may be able to give information about the offence.\nThe authorised person may, by written notice given to the person, require the person to give information about the offence to the authorised officer at a stated reasonable place and at a stated reasonable time.\nThe person must comply with a requirement under subsection (2) , unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIt is a reasonable excuse for an individual to fail to give information if giving the information might tend to incriminate the individual.\n(sec.119-ssec.1) This section applies if an authorised person reasonably believes— an offence against this Act has been committed; and a person may be able to give information about the offence.\n(sec.119-ssec.2) The authorised person may, by written notice given to the person, require the person to give information about the offence to the authorised officer at a stated reasonable place and at a stated reasonable time.\n(sec.119-ssec.3) The person must comply with a requirement under subsection (2) , unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.119-ssec.4) It is a reasonable excuse for an individual to fail to give information if giving the information might tend to incriminate the individual.\n- (a) an offence against this Act has been committed; and\n- (b) a person may be able to give information about the offence.","sortOrder":143},{"sectionNumber":"sec.120","sectionType":"section","heading":"Notice of damage","content":"### sec.120 Notice of damage\n\nThis section applies if—\nan authorised person damages property when exercising or purporting to exercise a power; or\na person (the other person ) acting under the direction or authority of an authorised person damages property.\nThe authorised person must immediately give written notice of particulars of the damage to the person who appears to the authorised person to be the owner of the property.\nIf the authorised person believes the damage was caused by a latent defect in the property or circumstances beyond the authorised person’s, or other person’s, control, the authorised person may state the belief in the notice.\nIf, for any reason, it is impracticable to comply with subsection (2) , the authorised person must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.\nThis section does not apply to damage the authorised person reasonably believes is trivial.\nIn this section—\nowner , of property, includes the person in possession or control of it.\n(sec.120-ssec.1) This section applies if— an authorised person damages property when exercising or purporting to exercise a power; or a person (the other person ) acting under the direction or authority of an authorised person damages property.\n(sec.120-ssec.2) The authorised person must immediately give written notice of particulars of the damage to the person who appears to the authorised person to be the owner of the property.\n(sec.120-ssec.3) If the authorised person believes the damage was caused by a latent defect in the property or circumstances beyond the authorised person’s, or other person’s, control, the authorised person may state the belief in the notice.\n(sec.120-ssec.4) If, for any reason, it is impracticable to comply with subsection (2) , the authorised person must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.\n(sec.120-ssec.5) This section does not apply to damage the authorised person reasonably believes is trivial.\n(sec.120-ssec.6) In this section— owner , of property, includes the person in possession or control of it.\n- (a) an authorised person damages property when exercising or purporting to exercise a power; or\n- (b) a person (the other person ) acting under the direction or authority of an authorised person damages property.","sortOrder":144},{"sectionNumber":"sec.121","sectionType":"section","heading":"Compensation","content":"### sec.121 Compensation\n\nA person may claim compensation from the State if the person incurs loss or expense because of the exercise or purported exercise of a power under any of the following—\nsubdivision 1\nsubdivision 3\nsubdivision 4 .\nWithout limiting subsection (1) , compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under the subdivision.\nCompensation may be claimed and ordered to be paid in a proceeding—\nbrought in a court with jurisdiction for the recovery of the amount of compensation claimed; or\nfor an offence against this Act brought against the person claiming compensation.\nA court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.\n(sec.121-ssec.1) A person may claim compensation from the State if the person incurs loss or expense because of the exercise or purported exercise of a power under any of the following— subdivision 1 subdivision 3 subdivision 4 .\n(sec.121-ssec.2) Without limiting subsection (1) , compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under the subdivision.\n(sec.121-ssec.3) Compensation may be claimed and ordered to be paid in a proceeding— brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or for an offence against this Act brought against the person claiming compensation.\n(sec.121-ssec.4) A court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.\n- • subdivision 1\n- • subdivision 3\n- • subdivision 4 .\n- (a) brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or\n- (b) for an offence against this Act brought against the person claiming compensation.","sortOrder":145},{"sectionNumber":"sec.122","sectionType":"section","heading":"False or misleading statements","content":"### sec.122 False or misleading statements\n\nA person must not state anything to an authorised person that the person knows is false or misleading in a material particular.\nMaximum penalty—50 penalty units.\nIn a proceeding for an offence against subsection (1) , it is enough to state that the statement made was, without specifying which, false or misleading.\n(sec.122-ssec.1) A person must not state anything to an authorised person that the person knows is false or misleading in a material particular. Maximum penalty—50 penalty units.\n(sec.122-ssec.2) In a proceeding for an offence against subsection (1) , it is enough to state that the statement made was, without specifying which, false or misleading.","sortOrder":146},{"sectionNumber":"sec.123","sectionType":"section","heading":"False or misleading documents","content":"### sec.123 False or misleading documents\n\nA person must not give an authorised person a document containing information that the person knows is false or misleading in a material particular.\nMaximum penalty—50 penalty units.\nSubsection (1) does not apply to a person if the person, when giving the document—\ntells the authorised person, to the best of the person’s ability, how it is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information.\nIn a proceeding for an offence against subsection (1) , it is enough to state that the document was, without specifying which, false or misleading.\n(sec.123-ssec.1) A person must not give an authorised person a document containing information that the person knows is false or misleading in a material particular. Maximum penalty—50 penalty units.\n(sec.123-ssec.2) Subsection (1) does not apply to a person if the person, when giving the document— tells the authorised person, to the best of the person’s ability, how it is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information.\n(sec.123-ssec.3) In a proceeding for an offence against subsection (1) , it is enough to state that the document was, without specifying which, false or misleading.\n- (a) tells the authorised person, to the best of the person’s ability, how it is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information.","sortOrder":147},{"sectionNumber":"sec.124","sectionType":"section","heading":"Obstructing and impersonating authorised persons","content":"### sec.124 Obstructing and impersonating authorised persons\n\nA person must not obstruct an authorised person in the exercise of a power, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIf a person has obstructed an authorised person and the authorised person decides to proceed with the exercise of the power, the authorised person must warn the person that—\nit is an offence to obstruct the authorised person, unless the person has a reasonable excuse; and\nthe authorised person considers the person’s conduct an obstruction.\nA person must not pretend to be an authorised person.\nMaximum penalty—50 penalty units.\nIn this section—\nobstruct includes hinder and attempt to obstruct or hinder.\n(sec.124-ssec.1) A person must not obstruct an authorised person in the exercise of a power, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.124-ssec.2) If a person has obstructed an authorised person and the authorised person decides to proceed with the exercise of the power, the authorised person must warn the person that— it is an offence to obstruct the authorised person, unless the person has a reasonable excuse; and the authorised person considers the person’s conduct an obstruction.\n(sec.124-ssec.3) A person must not pretend to be an authorised person. Maximum penalty—50 penalty units.\n(sec.124-ssec.4) In this section— obstruct includes hinder and attempt to obstruct or hinder.\n- (a) it is an offence to obstruct the authorised person, unless the person has a reasonable excuse; and\n- (b) the authorised person considers the person’s conduct an obstruction.","sortOrder":148},{"sectionNumber":"sec.125","sectionType":"section","heading":"Compliance notices","content":"### sec.125 Compliance notices\n\nThis section applies if—\nthe chief health officer or an authorised person reasonably believes—\nan authority holder—\nis contravening a provision of this Act; or\nhas contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated; and\na matter relating to the contravention is reasonably capable of being rectified; and\nit is appropriate to give the authority holder an opportunity to rectify the matter; and\nif the matter relates to a ground to suspend or cancel the authority, the chief health officer has not given a show cause notice to the authority holder under section 81 .\nThe chief health officer or authorised person may give the authority holder a written notice (a compliance notice ) requiring the authority holder to rectify the matter.\nThe compliance notice must state—\nthat the chief health officer or authorised person believes the authority holder—\nis contravening a provision of this Act; or\nhas contravened a provision of this Act in circumstances that make it likely that the contravention will continue or be repeated; and\nthe provision the chief health officer or authorised person believes is being, or has been, contravened; and\nbriefly, how it is believed the provision is being, or has been contravened; and\nthe matter relating to the contravention that the chief health officer or authorised person believes is reasonably capable of being rectified; and\nthe reasonable steps the authority holder must take to rectify the matter; and\nthat the authority holder must take the steps within a stated reasonable period.\nThe authority holder must comply with the compliance notice, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nThe authority holder can not be prosecuted for contravention of the provision unless the authority holder—\nfails to comply with the compliance notice within the stated period; and\ndoes not have a reasonable excuse for failing to comply with the notice.\ns 125 amd 2001 No. 78 s 188\n(sec.125-ssec.1) This section applies if— the chief health officer or an authorised person reasonably believes— an authority holder— is contravening a provision of this Act; or has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated; and a matter relating to the contravention is reasonably capable of being rectified; and it is appropriate to give the authority holder an opportunity to rectify the matter; and if the matter relates to a ground to suspend or cancel the authority, the chief health officer has not given a show cause notice to the authority holder under section 81 .\n(sec.125-ssec.2) The chief health officer or authorised person may give the authority holder a written notice (a compliance notice ) requiring the authority holder to rectify the matter.\n(sec.125-ssec.3) The compliance notice must state— that the chief health officer or authorised person believes the authority holder— is contravening a provision of this Act; or has contravened a provision of this Act in circumstances that make it likely that the contravention will continue or be repeated; and the provision the chief health officer or authorised person believes is being, or has been, contravened; and briefly, how it is believed the provision is being, or has been contravened; and the matter relating to the contravention that the chief health officer or authorised person believes is reasonably capable of being rectified; and the reasonable steps the authority holder must take to rectify the matter; and that the authority holder must take the steps within a stated reasonable period.\n(sec.125-ssec.4) The authority holder must comply with the compliance notice, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.125-ssec.5) The authority holder can not be prosecuted for contravention of the provision unless the authority holder— fails to comply with the compliance notice within the stated period; and does not have a reasonable excuse for failing to comply with the notice.\n- (a) the chief health officer or an authorised person reasonably believes— (i) an authority holder— (A) is contravening a provision of this Act; or (B) has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated; and (ii) a matter relating to the contravention is reasonably capable of being rectified; and (iii) it is appropriate to give the authority holder an opportunity to rectify the matter; and\n- (i) an authority holder— (A) is contravening a provision of this Act; or (B) has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated; and\n- (A) is contravening a provision of this Act; or\n- (B) has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated; and\n- (ii) a matter relating to the contravention is reasonably capable of being rectified; and\n- (iii) it is appropriate to give the authority holder an opportunity to rectify the matter; and\n- (b) if the matter relates to a ground to suspend or cancel the authority, the chief health officer has not given a show cause notice to the authority holder under section 81 .\n- (i) an authority holder— (A) is contravening a provision of this Act; or (B) has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated; and\n- (A) is contravening a provision of this Act; or\n- (B) has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated; and\n- (ii) a matter relating to the contravention is reasonably capable of being rectified; and\n- (iii) it is appropriate to give the authority holder an opportunity to rectify the matter; and\n- (A) is contravening a provision of this Act; or\n- (B) has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated; and\n- (a) that the chief health officer or authorised person believes the authority holder— (i) is contravening a provision of this Act; or (ii) has contravened a provision of this Act in circumstances that make it likely that the contravention will continue or be repeated; and\n- (i) is contravening a provision of this Act; or\n- (ii) has contravened a provision of this Act in circumstances that make it likely that the contravention will continue or be repeated; and\n- (b) the provision the chief health officer or authorised person believes is being, or has been, contravened; and\n- (c) briefly, how it is believed the provision is being, or has been contravened; and\n- (d) the matter relating to the contravention that the chief health officer or authorised person believes is reasonably capable of being rectified; and\n- (e) the reasonable steps the authority holder must take to rectify the matter; and\n- (f) that the authority holder must take the steps within a stated reasonable period.\n- (i) is contravening a provision of this Act; or\n- (ii) has contravened a provision of this Act in circumstances that make it likely that the contravention will continue or be repeated; and\n- (a) fails to comply with the compliance notice within the stated period; and\n- (b) does not have a reasonable excuse for failing to comply with the notice.","sortOrder":149},{"sectionNumber":"pt.9","sectionType":"part","heading":"Reviews","content":"# Reviews","sortOrder":150},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":"Internal review of decisions","content":"## Internal review of decisions","sortOrder":151},{"sectionNumber":"sec.126","sectionType":"section","heading":"Review process starts with internal review","content":"### sec.126 Review process starts with internal review\n\nEvery review of an original decision must be, in the first instance, by way of an application for internal review.\ns 126 amd 2009 No. 24 s 1207","sortOrder":152},{"sectionNumber":"sec.127","sectionType":"section","heading":"Who may apply for review","content":"### sec.127 Who may apply for review\n\nA person who is given, or is entitled to be given, an information notice for a decision (the original decision ) and who is dissatisfied with the decision may apply to the chief health officer for a review (an internal review ) of the decision.\nTo help users of this Act, schedule 1 identifies the decisions for which an information notice must be given under this Act.\n(sec.127-ssec.1) A person who is given, or is entitled to be given, an information notice for a decision (the original decision ) and who is dissatisfied with the decision may apply to the chief health officer for a review (an internal review ) of the decision.\n(sec.127-ssec.2) To help users of this Act, schedule 1 identifies the decisions for which an information notice must be given under this Act.","sortOrder":153},{"sectionNumber":"sec.128","sectionType":"section","heading":"Applying for review","content":"### sec.128 Applying for review\n\nThe application must be made within 28 days after—\nif the person is given an information notice about the decision—the day the person is given the information notice; or\nif paragraph (a) does not apply—the day the person otherwise becomes aware of the decision.\nThe chief health officer may, at any time, extend the time for applying for review.\nThe application for review must be in writing and state fully the grounds of the application.\n(sec.128-ssec.1) The application must be made within 28 days after— if the person is given an information notice about the decision—the day the person is given the information notice; or if paragraph (a) does not apply—the day the person otherwise becomes aware of the decision.\n(sec.128-ssec.2) The chief health officer may, at any time, extend the time for applying for review.\n(sec.128-ssec.3) The application for review must be in writing and state fully the grounds of the application.\n- (a) if the person is given an information notice about the decision—the day the person is given the information notice; or\n- (b) if paragraph (a) does not apply—the day the person otherwise becomes aware of the decision.","sortOrder":154},{"sectionNumber":"sec.129","sectionType":"section","heading":"Review decision","content":"### sec.129 Review decision\n\nAfter reviewing the original decision, the chief health officer must make a further decision (the review decision ) to—\nconfirm the original decision; or\namend the original decision; or\nsubstitute another decision for the original decision.\nThe chief health officer must immediately give the applicant written notice of the review decision.\nIf the review decision is not the decision sought by the applicant, the notice must comply with the QCAT Act , section 157 (2) .\nIf the chief health officer does not give the notice mentioned in subsection (2) within 60 days after the application is made, the chief health officer is taken to have made a review decision confirming the original decision.\nIf the review decision confirms the original decision, for the purpose of a review of the review decision by QCAT, the original decision is taken to be the review decision.\nIf the review decision amends the original decision, for the purpose of a review of the review decision by QCAT, the original decision as amended is taken to be the review decision.\ns 129 amd 2009 No. 24 s 1208\n(sec.129-ssec.1) After reviewing the original decision, the chief health officer must make a further decision (the review decision ) to— confirm the original decision; or amend the original decision; or substitute another decision for the original decision.\n(sec.129-ssec.2) The chief health officer must immediately give the applicant written notice of the review decision.\n(sec.129-ssec.3) If the review decision is not the decision sought by the applicant, the notice must comply with the QCAT Act , section 157 (2) .\n(sec.129-ssec.4) If the chief health officer does not give the notice mentioned in subsection (2) within 60 days after the application is made, the chief health officer is taken to have made a review decision confirming the original decision.\n(sec.129-ssec.5) If the review decision confirms the original decision, for the purpose of a review of the review decision by QCAT, the original decision is taken to be the review decision.\n(sec.129-ssec.6) If the review decision amends the original decision, for the purpose of a review of the review decision by QCAT, the original decision as amended is taken to be the review decision.\n- (a) confirm the original decision; or\n- (b) amend the original decision; or\n- (c) substitute another decision for the original decision.","sortOrder":155},{"sectionNumber":"sec.130","sectionType":"section","heading":"Stay of operation of original decision","content":"### sec.130 Stay of operation of original decision\n\nIf an application is made for an internal review of an original decision, the applicant may immediately apply, as provided under the QCAT Act , to QCAT for a stay of the decision.\nQCAT may stay the decision to secure the effectiveness of the review and any later review.\nThe stay—\nmay be given on conditions QCAT considers appropriate; and\noperates for the period fixed by QCAT; and\nmay be revoked or amended by QCAT.\nThe period of the stay must not extend past the time when the chief executive makes a review decision about the original decision and any later period QCAT allows the applicant to enable the applicant to apply for a review of the review decision.\nAn application under subsection (1) affects the original decision, or carrying out of the original decision, only if the original decision is stayed.\ns 130 prev s 130 om 2009 No. 24 s 1209\npres s 130 ins 2009 No. 48 s 171\n(sec.130-ssec.1) If an application is made for an internal review of an original decision, the applicant may immediately apply, as provided under the QCAT Act , to QCAT for a stay of the decision.\n(sec.130-ssec.2) QCAT may stay the decision to secure the effectiveness of the review and any later review.\n(sec.130-ssec.3) The stay— may be given on conditions QCAT considers appropriate; and operates for the period fixed by QCAT; and may be revoked or amended by QCAT.\n(sec.130-ssec.4) The period of the stay must not extend past the time when the chief executive makes a review decision about the original decision and any later period QCAT allows the applicant to enable the applicant to apply for a review of the review decision.\n(sec.130-ssec.5) An application under subsection (1) affects the original decision, or carrying out of the original decision, only if the original decision is stayed.\n- (a) may be given on conditions QCAT considers appropriate; and\n- (b) operates for the period fixed by QCAT; and\n- (c) may be revoked or amended by QCAT.","sortOrder":156},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"External review of decisions","content":"## External review of decisions","sortOrder":157},{"sectionNumber":"sec.131","sectionType":"section","heading":"Who may apply for external review","content":"### sec.131 Who may apply for external review\n\nA person who has applied for the review of an original decision under division 1 and is dissatisfied with the review decision may apply, as provided under the QCAT Act , to QCAT for a review of the review decision.\ns 131 amd 2009 No. 24 s 1211","sortOrder":158},{"sectionNumber":"sec.132","sectionType":"section","heading":null,"content":"### Section sec.132\n\ns 132 om 2009 No. 24 s 1212","sortOrder":159},{"sectionNumber":"sec.133","sectionType":"section","heading":null,"content":"### Section sec.133\n\ns 133 om 2009 No. 24 s 1212","sortOrder":160},{"sectionNumber":"sec.134","sectionType":"section","heading":null,"content":"### Section sec.134\n\ns 134 om 2009 No. 24 s 1212","sortOrder":161},{"sectionNumber":"sec.135","sectionType":"section","heading":null,"content":"### Section sec.135\n\ns 135 om 2009 No. 24 s 1212","sortOrder":162},{"sectionNumber":"sec.136","sectionType":"section","heading":null,"content":"### Section sec.136\n\ns 136 om 2009 No. 24 s 1212","sortOrder":163},{"sectionNumber":"pt.10","sectionType":"part","heading":"Legal proceedings","content":"# Legal proceedings","sortOrder":164},{"sectionNumber":"pt.10-div.1","sectionType":"division","heading":"Evidence","content":"## Evidence","sortOrder":165},{"sectionNumber":"sec.137","sectionType":"section","heading":"Application of div 1","content":"### sec.137 Application of div 1\n\nThis division applies to a proceeding under this Act.","sortOrder":166},{"sectionNumber":"sec.138","sectionType":"section","heading":"Appointments and authority","content":"### sec.138 Appointments and authority\n\nIt is not necessary to prove—\nthe chief health officer’s appointment; or\nan authorised person’s appointment; or\nthe authority of the chief health officer or an authorised person to do anything under this Act.\n- (a) the chief health officer’s appointment; or\n- (b) an authorised person’s appointment; or\n- (c) the authority of the chief health officer or an authorised person to do anything under this Act.","sortOrder":167},{"sectionNumber":"sec.139","sectionType":"section","heading":"Signatures","content":"### sec.139 Signatures\n\nA signature purporting to be the signature of the chief health officer or an authorised person is evidence of the signature it purports to be.","sortOrder":168},{"sectionNumber":"sec.140","sectionType":"section","heading":"Evidentiary aids","content":"### sec.140 Evidentiary aids\n\nA certificate purporting to be signed by the chief health officer stating any of the following matters is evidence of it—\na stated document is one of the following things made, given, issued or kept under this Act—\nan appointment;\nan approval or licence;\na decision;\na notice, direction or requirement;\na stated document is a copy of a thing mentioned in paragraph (a) ;\non a stated day, or during a stated period, a stated person was or was not an authority holder;\non a stated day, or during a stated period, an authority—\nwas or was not in force; or\nwas or was not subject to a stated condition; or\nwas or was not suspended or cancelled;\non a stated day, or during a stated period, a person’s appointment as an authorised person was, or was not, in force;\non a stated day, a stated person was given a stated notice under this Act;\non a stated day, a stated requirement was made of a stated person.\nA statement in a complaint for an offence against this Act that the matter of the complaint came to the knowledge of the complainant on a stated day is evidence of the matter stated.\n(sec.140-ssec.1) A certificate purporting to be signed by the chief health officer stating any of the following matters is evidence of it— a stated document is one of the following things made, given, issued or kept under this Act— an appointment; an approval or licence; a decision; a notice, direction or requirement; a stated document is a copy of a thing mentioned in paragraph (a) ; on a stated day, or during a stated period, a stated person was or was not an authority holder; on a stated day, or during a stated period, an authority— was or was not in force; or was or was not subject to a stated condition; or was or was not suspended or cancelled; on a stated day, or during a stated period, a person’s appointment as an authorised person was, or was not, in force; on a stated day, a stated person was given a stated notice under this Act; on a stated day, a stated requirement was made of a stated person.\n(sec.140-ssec.2) A statement in a complaint for an offence against this Act that the matter of the complaint came to the knowledge of the complainant on a stated day is evidence of the matter stated.\n- (a) a stated document is one of the following things made, given, issued or kept under this Act— (i) an appointment; (ii) an approval or licence; (iii) a decision; (iv) a notice, direction or requirement;\n- (i) an appointment;\n- (ii) an approval or licence;\n- (iii) a decision;\n- (iv) a notice, direction or requirement;\n- (b) a stated document is a copy of a thing mentioned in paragraph (a) ;\n- (c) on a stated day, or during a stated period, a stated person was or was not an authority holder;\n- (d) on a stated day, or during a stated period, an authority— (i) was or was not in force; or (ii) was or was not subject to a stated condition; or (iii) was or was not suspended or cancelled;\n- (i) was or was not in force; or\n- (ii) was or was not subject to a stated condition; or\n- (iii) was or was not suspended or cancelled;\n- (e) on a stated day, or during a stated period, a person’s appointment as an authorised person was, or was not, in force;\n- (f) on a stated day, a stated person was given a stated notice under this Act;\n- (g) on a stated day, a stated requirement was made of a stated person.\n- (i) an appointment;\n- (ii) an approval or licence;\n- (iii) a decision;\n- (iv) a notice, direction or requirement;\n- (i) was or was not in force; or\n- (ii) was or was not subject to a stated condition; or\n- (iii) was or was not suspended or cancelled;","sortOrder":169},{"sectionNumber":"pt.10-div.2","sectionType":"division","heading":"Proceedings","content":"## Proceedings","sortOrder":170},{"sectionNumber":"sec.141","sectionType":"section","heading":"Summary proceedings for offences","content":"### sec.141 Summary proceedings for offences\n\nA proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886 .\nThe proceeding must start—\nwithin 1 year after the commission of the offence; or\nwithin 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.\n(sec.141-ssec.1) A proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886 .\n(sec.141-ssec.2) The proceeding must start— within 1 year after the commission of the offence; or within 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.\n- (a) within 1 year after the commission of the offence; or\n- (b) within 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.","sortOrder":171},{"sectionNumber":"sec.142","sectionType":"section","heading":"Responsibility for acts or omissions of representatives","content":"### sec.142 Responsibility for acts or omissions of representatives\n\nThis section applies in a proceeding for an offence against this Act.\nIf it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—\nthe act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\nthe representative had the state of mind.\nAn act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\nIn this section—\nrepresentative means—\nfor a corporation—an executive officer, employee or agent of the corporation; or\nfor an individual—an employee or agent of the individual.\nstate of mind , of a person, includes—\nthe person’s knowledge, intention, opinion, belief or purpose; and\nthe person’s reasons for the intention, opinion, belief or purpose.\ns 142 amd 2001 No. 78 s 189\n(sec.142-ssec.1) This section applies in a proceeding for an offence against this Act.\n(sec.142-ssec.2) If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show— the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and the representative had the state of mind.\n(sec.142-ssec.3) An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\n(sec.142-ssec.4) In this section— representative means— for a corporation—an executive officer, employee or agent of the corporation; or for an individual—an employee or agent of the individual. state of mind , of a person, includes— the person’s knowledge, intention, opinion, belief or purpose; and the person’s reasons for the intention, opinion, belief or purpose.\n- (a) the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\n- (b) the representative had the state of mind.\n- (a) for a corporation—an executive officer, employee or agent of the corporation; or\n- (b) for an individual—an employee or agent of the individual.\n- (a) the person’s knowledge, intention, opinion, belief or purpose; and\n- (b) the person’s reasons for the intention, opinion, belief or purpose.","sortOrder":172},{"sectionNumber":"sec.143","sectionType":"section","heading":"Executive officer may be taken to have committed offence against s 39","content":"### sec.143 Executive officer may be taken to have committed offence against s 39\n\nIf a corporation commits an offence against section 39 , each executive officer of the corporation is taken to have also committed the offence if—\nthe officer authorised or permitted the corporation’s conduct constituting the offence; or\nthe officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.\nThe executive officer may be proceeded against for, and convicted of, the offence against section 39 whether or not the corporation has been proceeded against for, or convicted of, the offence.\nThis section does not affect either of the following—\nthe liability of the corporation for the offence against section 39 ;\nthe liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against section 39 .\ns 143 sub 2013 No. 51 s 132\n(sec.143-ssec.1) If a corporation commits an offence against section 39 , each executive officer of the corporation is taken to have also committed the offence if— the officer authorised or permitted the corporation’s conduct constituting the offence; or the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.\n(sec.143-ssec.2) The executive officer may be proceeded against for, and convicted of, the offence against section 39 whether or not the corporation has been proceeded against for, or convicted of, the offence.\n(sec.143-ssec.3) This section does not affect either of the following— the liability of the corporation for the offence against section 39 ; the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against section 39 .\n- (a) the officer authorised or permitted the corporation’s conduct constituting the offence; or\n- (b) the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.\n- (a) the liability of the corporation for the offence against section 39 ;\n- (b) the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against section 39 .","sortOrder":173},{"sectionNumber":"pt.11","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":174},{"sectionNumber":"sec.143A","sectionType":"section","heading":"Authority holder to notify chief health officer of certain events","content":"### sec.143A Authority holder to notify chief health officer of certain events\n\nAn authority holder must give the chief health officer notice, in the approved form, of the happening of any of the following events within 21 days of becoming aware of the event happening—\nthe authority holder, or an associate of the authority holder, is affected by bankruptcy action, or control action under the Corporations Act ;\nany of the following persons is convicted of an indictable offence or an offence against a corresponding law—\nthe authority holder;\nan associate of the authority holder;\nif the authority holder is a corporation, an executive officer of the authority holder;\nthe equivalent of an authority under a corresponding law, held by the authority holder or an associate of the authority holder, is suspended or cancelled;\nif the authority holder is an individual who jointly holds the authority with 1 or more other individuals, the other individual or any of the other individuals dies.\nMaximum penalty—50 penalty units.\nFor subsection (1) (a) , an authority holder or an associate of an authority holder is affected by bankruptcy action if the authority holder or associate—\nis bankrupt; or\nhas compounded with creditors; or\nas a debtor, has otherwise taken, or applied to take, advantage of any law about bankruptcy.\nFor subsection (1) (a) , an authority holder or an associate of an authority holder is affected by control action under the Corporations Act if the authority holder or associate—\nhas executed a deed of company arrangement under that Act ; or\nis the subject of a winding-up (whether voluntarily or under a court order) under that Act ; or\nis the subject of an appointment of an administrator, liquidator, receiver or receiver and manager under that Act .\ns 143A ins 2001 No. 78 s 190\namd 2003 No. 9 s 63\n(sec.143A-ssec.1) An authority holder must give the chief health officer notice, in the approved form, of the happening of any of the following events within 21 days of becoming aware of the event happening— the authority holder, or an associate of the authority holder, is affected by bankruptcy action, or control action under the Corporations Act ; any of the following persons is convicted of an indictable offence or an offence against a corresponding law— the authority holder; an associate of the authority holder; if the authority holder is a corporation, an executive officer of the authority holder; the equivalent of an authority under a corresponding law, held by the authority holder or an associate of the authority holder, is suspended or cancelled; if the authority holder is an individual who jointly holds the authority with 1 or more other individuals, the other individual or any of the other individuals dies. Maximum penalty—50 penalty units.\n(sec.143A-ssec.2) For subsection (1) (a) , an authority holder or an associate of an authority holder is affected by bankruptcy action if the authority holder or associate— is bankrupt; or has compounded with creditors; or as a debtor, has otherwise taken, or applied to take, advantage of any law about bankruptcy.\n(sec.143A-ssec.3) For subsection (1) (a) , an authority holder or an associate of an authority holder is affected by control action under the Corporations Act if the authority holder or associate— has executed a deed of company arrangement under that Act ; or is the subject of a winding-up (whether voluntarily or under a court order) under that Act ; or is the subject of an appointment of an administrator, liquidator, receiver or receiver and manager under that Act .\n- (a) the authority holder, or an associate of the authority holder, is affected by bankruptcy action, or control action under the Corporations Act ;\n- (b) any of the following persons is convicted of an indictable offence or an offence against a corresponding law— (i) the authority holder; (ii) an associate of the authority holder; (iii) if the authority holder is a corporation, an executive officer of the authority holder;\n- (i) the authority holder;\n- (ii) an associate of the authority holder;\n- (iii) if the authority holder is a corporation, an executive officer of the authority holder;\n- (c) the equivalent of an authority under a corresponding law, held by the authority holder or an associate of the authority holder, is suspended or cancelled;\n- (d) if the authority holder is an individual who jointly holds the authority with 1 or more other individuals, the other individual or any of the other individuals dies.\n- (i) the authority holder;\n- (ii) an associate of the authority holder;\n- (iii) if the authority holder is a corporation, an executive officer of the authority holder;\n- (a) is bankrupt; or\n- (b) has compounded with creditors; or\n- (c) as a debtor, has otherwise taken, or applied to take, advantage of any law about bankruptcy.\n- (a) has executed a deed of company arrangement under that Act ; or\n- (b) is the subject of a winding-up (whether voluntarily or under a court order) under that Act ; or\n- (c) is the subject of an appointment of an administrator, liquidator, receiver or receiver and manager under that Act .","sortOrder":175},{"sectionNumber":"sec.144","sectionType":"section","heading":"Submission of reports","content":"### sec.144 Submission of reports\n\nThe licensee of a private health facility must give reports to the chief health officer as required by this section.\nMaximum penalty—50 penalty units.\nThe purposes of the reports are as follows—\nto monitor the quality of health services provided at private health facilities;\nto enable the State to give information to a government entity in the circumstances mentioned in section 147 (4) (c) ;\nto monitor, analyse or evaluate public health having regard to the types and numbers of health services provided at the facilities.\nThe reports must—\nbe in the approved form; and\nbe given at the times prescribed under a regulation.\ns 144 amd 2005 No. 10 s 50 sch ; 2025 No. 29 s 79\n(sec.144-ssec.1) The licensee of a private health facility must give reports to the chief health officer as required by this section. Maximum penalty—50 penalty units.\n(sec.144-ssec.2) The purposes of the reports are as follows— to monitor the quality of health services provided at private health facilities; to enable the State to give information to a government entity in the circumstances mentioned in section 147 (4) (c) ; to monitor, analyse or evaluate public health having regard to the types and numbers of health services provided at the facilities.\n(sec.144-ssec.3) The reports must— be in the approved form; and be given at the times prescribed under a regulation.\n- (a) to monitor the quality of health services provided at private health facilities;\n- (b) to enable the State to give information to a government entity in the circumstances mentioned in section 147 (4) (c) ;\n- (c) to monitor, analyse or evaluate public health having regard to the types and numbers of health services provided at the facilities.\n- (a) be in the approved form; and\n- (b) be given at the times prescribed under a regulation.","sortOrder":176},{"sectionNumber":"sec.145","sectionType":"section","heading":"False or misleading report","content":"### sec.145 False or misleading report\n\nA licensee must not give the chief health officer a report containing information that the licensee knows is false or misleading in a material particular.\nMaximum penalty—50 penalty units.\nSubsection (1) does not apply to a licensee if the licensee, when giving the report—\ntells the chief health officer, to the best of the licensee’s ability, how it is false or misleading; and\nif the licensee has, or can reasonably obtain, the correct information—gives the correct information.\nIn a proceeding for an offence against subsection (1) , it is enough to state that the report was, without specifying which, false or misleading.\n(sec.145-ssec.1) A licensee must not give the chief health officer a report containing information that the licensee knows is false or misleading in a material particular. Maximum penalty—50 penalty units.\n(sec.145-ssec.2) Subsection (1) does not apply to a licensee if the licensee, when giving the report— tells the chief health officer, to the best of the licensee’s ability, how it is false or misleading; and if the licensee has, or can reasonably obtain, the correct information—gives the correct information.\n(sec.145-ssec.3) In a proceeding for an offence against subsection (1) , it is enough to state that the report was, without specifying which, false or misleading.\n- (a) tells the chief health officer, to the best of the licensee’s ability, how it is false or misleading; and\n- (b) if the licensee has, or can reasonably obtain, the correct information—gives the correct information.","sortOrder":177},{"sectionNumber":"sec.146","sectionType":"section","heading":"Protecting officials from liability","content":"### sec.146 Protecting officials from liability\n\nAn official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State.\nIn this section—\nofficial means—\nthe Minister; or\nthe chief executive; or\nthe chief health officer; or\nan authorised person; or\na person acting under the direction of an authorised person.\n(sec.146-ssec.1) An official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\n(sec.146-ssec.2) If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State.\n(sec.146-ssec.3) In this section— official means— the Minister; or the chief executive; or the chief health officer; or an authorised person; or a person acting under the direction of an authorised person.\n- (a) the Minister; or\n- (b) the chief executive; or\n- (c) the chief health officer; or\n- (d) an authorised person; or\n- (e) a person acting under the direction of an authorised person.","sortOrder":178},{"sectionNumber":"sec.147","sectionType":"section","heading":"Confidentiality of information","content":"### sec.147 Confidentiality of information\n\nThis section applies to the following persons—\na person who is, or was, the chief executive, the chief health officer or an authorised person;\nanother person who is, or was, involved in the administration of this Act, including, for example, as a health service employee or public service employee;\na member of an advisory committee;\na person who was involved in the administration of the repealed division.\nThis section applies to information obtained by a person to whom this section applies in the course of performing the person’s functions under this Act or under the repealed division.\nThe person must not disclose the information if—\nthe disclosure of the information would be likely to damage the commercial activities of the person to whom the information relates; or\nthe information is personal health information; or\nthe information is contained in a report under section 16 .\nMaximum penalty—50 penalty units.\nSubsection (3) does not apply if—\nthe information is disclosed—\nin the performance of functions under this Act; or\nwith the written consent of the person to whom the information relates; or\nto the person to whom the information relates; or\nthe information is otherwise publicly available; or\nthe information is given in the following circumstances—\nthe chief executive gives the information to a government entity under an agreement with the entity;\nthe agreement is prescribed under a regulation for this paragraph;\nthe chief executive is satisfied the giving of the information is in the public interest; or\nthe information is disclosed to the chief executive to allow the chief executive to act under paragraph (c) or (h) or subsection (6) ; or\nthe disclosure of the information is required or permitted by an Act or another law; or\nthe disclosure of the information is authorised by the chief executive under subsection (6) ; or\nthe disclosure of the information is—\nto a person authorised in writing by the chief executive to receive the information for evaluating, managing, monitoring or planning health services; or\nto an entity prescribed under a regulation for this subparagraph for the purpose of evaluating, managing, monitoring or planning health services as stated in the regulation.\nFor subsection (4) (g) , the chief executive may authorise, in writing, the disclosure of information to a person if the chief executive believes, on reasonable grounds, the disclosure is in the public interest.\nA government entity that receives information under subsection (4) (c) —\nmust not give the information to anyone else, unless allowed to do so—\nunder an agreement mentioned in subsection (4) (c) ; or\nby the written consent of the chief executive; and\nmust ensure the information is used only for the purpose for which it was given.\nIf the chief executive authorises the disclosure of the information to a person under subsection (6) , the person—\nmust not give the information to anyone else; and\nmust ensure the information is used only for the purpose for which it was given.\nMaximum penalty—50 penalty units.\nThe chief executive must include in the department’s annual report under the Financial Accountability Act 2009 a statement about authorisations by the chief executive under subsection (6) , including general details about—\nthe nature of the information given to persons under the authorisations; and\nthe purpose for which the information was given to the persons.\nThe statement under subsection (9) must not identify any person.\nIn this section—\nagreement includes arrangement.\ncommercial activities means activities conducted on a commercial basis.\ngovernment entity means—\nthe Commonwealth or another State; or\nan entity of the Commonwealth or another State; or\nan entity of the State.\ninformation includes a document.\npersonal health information means information about a person’s health that identifies, or is likely to identify, the person.\ns 147 amd 2005 No. 10 s 50 sch ; 2005 No. 48 s 492 sch 1 ; 2006 No. 46 s 227 ; 2009 No. 9 s 136 sch 1 ; 2025 No. 29 s 80\n(sec.147-ssec.1) This section applies to the following persons— a person who is, or was, the chief executive, the chief health officer or an authorised person; another person who is, or was, involved in the administration of this Act, including, for example, as a health service employee or public service employee; a member of an advisory committee; a person who was involved in the administration of the repealed division.\n(sec.147-ssec.2) This section applies to information obtained by a person to whom this section applies in the course of performing the person’s functions under this Act or under the repealed division.\n(sec.147-ssec.3) The person must not disclose the information if— the disclosure of the information would be likely to damage the commercial activities of the person to whom the information relates; or the information is personal health information; or the information is contained in a report under section 16 . Maximum penalty—50 penalty units.\n(sec.147-ssec.4) Subsection (3) does not apply if— the information is disclosed— in the performance of functions under this Act; or with the written consent of the person to whom the information relates; or to the person to whom the information relates; or the information is otherwise publicly available; or the information is given in the following circumstances— the chief executive gives the information to a government entity under an agreement with the entity; the agreement is prescribed under a regulation for this paragraph; the chief executive is satisfied the giving of the information is in the public interest; or the information is disclosed to the chief executive to allow the chief executive to act under paragraph (c) or (h) or subsection (6) ; or the disclosure of the information is required or permitted by an Act or another law; or the disclosure of the information is authorised by the chief executive under subsection (6) ; or the disclosure of the information is— to a person authorised in writing by the chief executive to receive the information for evaluating, managing, monitoring or planning health services; or to an entity prescribed under a regulation for this subparagraph for the purpose of evaluating, managing, monitoring or planning health services as stated in the regulation.\n(sec.147-ssec.6) For subsection (4) (g) , the chief executive may authorise, in writing, the disclosure of information to a person if the chief executive believes, on reasonable grounds, the disclosure is in the public interest.\n(sec.147-ssec.7) A government entity that receives information under subsection (4) (c) — must not give the information to anyone else, unless allowed to do so— under an agreement mentioned in subsection (4) (c) ; or by the written consent of the chief executive; and must ensure the information is used only for the purpose for which it was given.\n(sec.147-ssec.8) If the chief executive authorises the disclosure of the information to a person under subsection (6) , the person— must not give the information to anyone else; and must ensure the information is used only for the purpose for which it was given. Maximum penalty—50 penalty units.\n(sec.147-ssec.9) The chief executive must include in the department’s annual report under the Financial Accountability Act 2009 a statement about authorisations by the chief executive under subsection (6) , including general details about— the nature of the information given to persons under the authorisations; and the purpose for which the information was given to the persons.\n(sec.147-ssec.10) The statement under subsection (9) must not identify any person.\n(sec.147-ssec.11) In this section— agreement includes arrangement. commercial activities means activities conducted on a commercial basis. government entity means— the Commonwealth or another State; or an entity of the Commonwealth or another State; or an entity of the State. information includes a document. personal health information means information about a person’s health that identifies, or is likely to identify, the person.\n- (a) a person who is, or was, the chief executive, the chief health officer or an authorised person;\n- (b) another person who is, or was, involved in the administration of this Act, including, for example, as a health service employee or public service employee;\n- (c) a member of an advisory committee;\n- (d) a person who was involved in the administration of the repealed division.\n- (a) the disclosure of the information would be likely to damage the commercial activities of the person to whom the information relates; or\n- (b) the information is personal health information; or\n- (c) the information is contained in a report under section 16 .\n- (a) the information is disclosed— (i) in the performance of functions under this Act; or (ii) with the written consent of the person to whom the information relates; or (iii) to the person to whom the information relates; or\n- (i) in the performance of functions under this Act; or\n- (ii) with the written consent of the person to whom the information relates; or\n- (iii) to the person to whom the information relates; or\n- (b) the information is otherwise publicly available; or\n- (c) the information is given in the following circumstances— (i) the chief executive gives the information to a government entity under an agreement with the entity; (ii) the agreement is prescribed under a regulation for this paragraph; (iii) the chief executive is satisfied the giving of the information is in the public interest; or\n- (i) the chief executive gives the information to a government entity under an agreement with the entity;\n- (ii) the agreement is prescribed under a regulation for this paragraph;\n- (iii) the chief executive is satisfied the giving of the information is in the public interest; or\n- (d) the information is disclosed to the chief executive to allow the chief executive to act under paragraph (c) or (h) or subsection (6) ; or\n- (f) the disclosure of the information is required or permitted by an Act or another law; or\n- (g) the disclosure of the information is authorised by the chief executive under subsection (6) ; or\n- (h) the disclosure of the information is— (i) to a person authorised in writing by the chief executive to receive the information for evaluating, managing, monitoring or planning health services; or (ii) to an entity prescribed under a regulation for this subparagraph for the purpose of evaluating, managing, monitoring or planning health services as stated in the regulation.\n- (i) to a person authorised in writing by the chief executive to receive the information for evaluating, managing, monitoring or planning health services; or\n- (ii) to an entity prescribed under a regulation for this subparagraph for the purpose of evaluating, managing, monitoring or planning health services as stated in the regulation.\n- (i) in the performance of functions under this Act; or\n- (ii) with the written consent of the person to whom the information relates; or\n- (iii) to the person to whom the information relates; or\n- (i) the chief executive gives the information to a government entity under an agreement with the entity;\n- (ii) the agreement is prescribed under a regulation for this paragraph;\n- (iii) the chief executive is satisfied the giving of the information is in the public interest; or\n- (i) to a person authorised in writing by the chief executive to receive the information for evaluating, managing, monitoring or planning health services; or\n- (ii) to an entity prescribed under a regulation for this subparagraph for the purpose of evaluating, managing, monitoring or planning health services as stated in the regulation.\n- (a) must not give the information to anyone else, unless allowed to do so— (i) under an agreement mentioned in subsection (4) (c) ; or (ii) by the written consent of the chief executive; and\n- (i) under an agreement mentioned in subsection (4) (c) ; or\n- (ii) by the written consent of the chief executive; and\n- (b) must ensure the information is used only for the purpose for which it was given.\n- (i) under an agreement mentioned in subsection (4) (c) ; or\n- (ii) by the written consent of the chief executive; and\n- (a) must not give the information to anyone else; and\n- (b) must ensure the information is used only for the purpose for which it was given.\n- (a) the nature of the information given to persons under the authorisations; and\n- (b) the purpose for which the information was given to the persons.\n- (a) the Commonwealth or another State; or\n- (b) an entity of the Commonwealth or another State; or\n- (c) an entity of the State.","sortOrder":179},{"sectionNumber":"sec.147A","sectionType":"section","heading":"Application of section 147 to person under Coroners Act 200 3","content":"### sec.147A Application of section 147 to person under Coroners Act 200 3\n\nSection 147 does not apply to the disclosure of information to a person who requires the information to perform a function under the Coroners Act 2003 , other than the preparation of an annual report.\ns 147A ins 2003 No. 13 s 106 sch 1","sortOrder":180},{"sectionNumber":"sec.147B","sectionType":"section","heading":"Disclosure for funding arrangements","content":"### sec.147B Disclosure for funding arrangements\n\nSection 147 does not apply to the disclosure of information to the Commonwealth or an entity of the Commonwealth if the disclosure is to give effect to a funding arrangement between the State and the Commonwealth for public sector health services and other health services.\nIn this section—\nfunding arrangement see Hospital and Health Boards Act 2011 , schedule 2 .\npublic sector health service see Hospital and Health Boards Act 2011 , schedule 2 .\ns 147B ins 2012 No. 9 s 53\n(sec.147B-ssec.1) Section 147 does not apply to the disclosure of information to the Commonwealth or an entity of the Commonwealth if the disclosure is to give effect to a funding arrangement between the State and the Commonwealth for public sector health services and other health services.\n(sec.147B-ssec.2) In this section— funding arrangement see Hospital and Health Boards Act 2011 , schedule 2 . public sector health service see Hospital and Health Boards Act 2011 , schedule 2 .","sortOrder":181},{"sectionNumber":"sec.147C","sectionType":"section","heading":"Disclosure to the health ombudsman","content":"### sec.147C Disclosure to the health ombudsman\n\nSection 147 does not apply to the disclosure of information to the health ombudsman for a purpose of the Health Ombudsman Act 2013 .\ns 147C ins 2014 No. 36 s 331 sch 1","sortOrder":182},{"sectionNumber":"sec.147D","sectionType":"section","heading":"Disclosure for purpose of Health Transparency Act 2019","content":"### sec.147D Disclosure for purpose of Health Transparency Act 2019\n\nSection 147 does not apply to the disclosure of information to any of the following persons who is performing a function under, or relating to the administration of, the Health Transparency Act 2019 —\nthe chief executive;\nan employee of the department;\na contractor who is contracted to provide information and communication technology or information management services to the department.\ns 147D ins 2019 No. 38 s 73\n- (a) the chief executive;\n- (b) an employee of the department;\n- (c) a contractor who is contracted to provide information and communication technology or information management services to the department.","sortOrder":183},{"sectionNumber":"sec.148","sectionType":"section","heading":"Delegations","content":"### sec.148 Delegations\n\nThe chief health officer may delegate the chief health officer’s powers under this Act to an appropriately qualified employee of the department.\nHowever, the chief health officer may not delegate the chief health officer’s powers under—\npart 3 ; or\npart 9 , division 1 .\nIn this section—\nappropriately qualified includes having the qualifications, experience or standing appropriate to the exercise of the power.\nif a person is an officer of the department, the person’s classification level in the department\ns 148 amd 2005 No. 10 s 50 sch ; 2006 No. 46 s 228\n(sec.148-ssec.1) The chief health officer may delegate the chief health officer’s powers under this Act to an appropriately qualified employee of the department.\n(sec.148-ssec.2) However, the chief health officer may not delegate the chief health officer’s powers under— part 3 ; or part 9 , division 1 .\n(sec.148-ssec.3) In this section— appropriately qualified includes having the qualifications, experience or standing appropriate to the exercise of the power. if a person is an officer of the department, the person’s classification level in the department\n- (a) part 3 ; or\n- (b) part 9 , division 1 .","sortOrder":184},{"sectionNumber":"sec.149","sectionType":"section","heading":"Advisory committees","content":"### sec.149 Advisory committees\n\nThe chief health officer may establish committees to advise the chief health officer on any matter regarding the administration of this Act.\nMembers of a committee established under this section must be appropriately qualified to advise the chief health officer on the matter about which the committee was established to advise.\nMembers of a committee may be appointed to the committee on the terms the chief health officer considers appropriate, including terms about remuneration.\n(sec.149-ssec.1) The chief health officer may establish committees to advise the chief health officer on any matter regarding the administration of this Act.\n(sec.149-ssec.2) Members of a committee established under this section must be appropriately qualified to advise the chief health officer on the matter about which the committee was established to advise.\n(sec.149-ssec.3) Members of a committee may be appointed to the committee on the terms the chief health officer considers appropriate, including terms about remuneration.","sortOrder":185},{"sectionNumber":"sec.150","sectionType":"section","heading":"Approval of forms","content":"### sec.150 Approval of forms\n\nThe chief health officer may approve forms for use under this Act.\nAn approved form may require—\nspecified information or documents to be included in, attached to or given with the form; or\nthe form, or information or documents included in, attached to or given with the form, to be verified in a specified way, including, for example, by statutory declaration.\n(sec.150-ssec.1) The chief health officer may approve forms for use under this Act.\n(sec.150-ssec.2) An approved form may require— specified information or documents to be included in, attached to or given with the form; or the form, or information or documents included in, attached to or given with the form, to be verified in a specified way, including, for example, by statutory declaration.\n- (a) specified information or documents to be included in, attached to or given with the form; or\n- (b) the form, or information or documents included in, attached to or given with the form, to be verified in a specified way, including, for example, by statutory declaration.","sortOrder":186},{"sectionNumber":"sec.151","sectionType":"section","heading":"Regulation-making power","content":"### sec.151 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may be made about fees, including the refunding of fees, for this Act.\n(sec.151-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.151-ssec.2) A regulation may be made about fees, including the refunding of fees, for this Act.","sortOrder":187},{"sectionNumber":"pt.11A","sectionType":"part","heading":null,"content":"","sortOrder":188},{"sectionNumber":"sec.151A","sectionType":"section","heading":null,"content":"### Section sec.151A\n\ns 151A ins 2020 No. 16 s 58\nexp 31 December 2020 (see s 151C)","sortOrder":189},{"sectionNumber":"sec.151B","sectionType":"section","heading":null,"content":"### Section sec.151B\n\ns 151B ins 2020 No. 16 s 58\nexp 31 December 2020 (see s 151C)","sortOrder":190},{"sectionNumber":"sec.151C","sectionType":"section","heading":null,"content":"### Section sec.151C\n\ns 151C ins 2020 No. 16 s 58\nexp 31 December 2020 (see s 151C)","sortOrder":191},{"sectionNumber":"pt.12","sectionType":"part","heading":"Saving and transitional provisions for Act No. 60 of 1999","content":"# Saving and transitional provisions for Act No. 60 of 1999","sortOrder":192},{"sectionNumber":"pt.12-div.1","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":193},{"sectionNumber":"sec.152","sectionType":"section","heading":"Definitions for pt 12","content":"### sec.152 Definitions for pt 12\n\nIn this part—\ncommencement day means the day on which the provision in which the term is used commences.\nconsent means a written consent, given by the chief health officer to a person who intended to apply for a licence to erect or use under the repealed division, approving the establishment of a private health facility.\nexisting licence to erect means a licence to erect in force immediately before the commencement day.\nexisting licence to use means a licence to use in force immediately before the commencement day.\nlicence to erect means a licence to erect under the repealed division.\nlicence to use means a licence to use under the repealed division.","sortOrder":194},{"sectionNumber":"pt.12-div.2","sectionType":"division","heading":"Saving and transitional provisions","content":"## Saving and transitional provisions","sortOrder":195},{"sectionNumber":"sec.153","sectionType":"section","heading":"References to repealed division","content":"### sec.153 References to repealed division\n\nIn an Act or document, a reference to the repealed division may, if the context permits, be taken as a reference to this Act.","sortOrder":196},{"sectionNumber":"sec.154","sectionType":"section","heading":"Consents","content":"### sec.154 Consents\n\nThis section applies if, immediately before the commencement day—\na person held a consent; and\nthe person did not hold a licence to erect or use for the private health facility or proposed private health facility to which the consent related.\nThe person is taken to be an approval holder under this Act.\nThe consent is taken to be an approval under this Act.\nAn approval under subsection (3) —\nis taken to have been issued—\non the same conditions as those subject to which the consent was subject immediately before the commencement day; and\non the further condition that the approval holder must give the chief health officer, within 21 days after a prescribed change, written notice of the prescribed change; and\nexpires 1 year after the commencement day.\nIn this section—\nprescribed change means a change—\nin a matter disclosed by the approval holder—\nin the application for the consent; or\nin an application under this Act; and\nof a kind prescribed under a regulation.\n(sec.154-ssec.1) This section applies if, immediately before the commencement day— a person held a consent; and the person did not hold a licence to erect or use for the private health facility or proposed private health facility to which the consent related.\n(sec.154-ssec.2) The person is taken to be an approval holder under this Act.\n(sec.154-ssec.3) The consent is taken to be an approval under this Act.\n(sec.154-ssec.4) An approval under subsection (3) — is taken to have been issued— on the same conditions as those subject to which the consent was subject immediately before the commencement day; and on the further condition that the approval holder must give the chief health officer, within 21 days after a prescribed change, written notice of the prescribed change; and expires 1 year after the commencement day.\n(sec.154-ssec.5) In this section— prescribed change means a change— in a matter disclosed by the approval holder— in the application for the consent; or in an application under this Act; and of a kind prescribed under a regulation.\n- (a) a person held a consent; and\n- (b) the person did not hold a licence to erect or use for the private health facility or proposed private health facility to which the consent related.\n- (a) is taken to have been issued— (i) on the same conditions as those subject to which the consent was subject immediately before the commencement day; and (ii) on the further condition that the approval holder must give the chief health officer, within 21 days after a prescribed change, written notice of the prescribed change; and\n- (i) on the same conditions as those subject to which the consent was subject immediately before the commencement day; and\n- (ii) on the further condition that the approval holder must give the chief health officer, within 21 days after a prescribed change, written notice of the prescribed change; and\n- (b) expires 1 year after the commencement day.\n- (i) on the same conditions as those subject to which the consent was subject immediately before the commencement day; and\n- (ii) on the further condition that the approval holder must give the chief health officer, within 21 days after a prescribed change, written notice of the prescribed change; and\n- (a) in a matter disclosed by the approval holder— (i) in the application for the consent; or (ii) in an application under this Act; and\n- (i) in the application for the consent; or\n- (ii) in an application under this Act; and\n- (b) of a kind prescribed under a regulation.\n- (i) in the application for the consent; or\n- (ii) in an application under this Act; and","sortOrder":197},{"sectionNumber":"sec.155","sectionType":"section","heading":"Existing licences to erect","content":"### sec.155 Existing licences to erect\n\nAn existing licence to erect is taken to be an approval under this Act.\nA person who holds an existing licence to erect is taken to be an approval holder under this Act.\nAn approval under subsection (1) —\nis taken to have been issued—\non the same conditions as those subject to which the existing licence to erect was subject immediately before the commencement day; and\non the further condition that the approval holder must give the chief health officer, within 21 days after a prescribed change, written notice of the prescribed change; and\nexpires 1 year after the commencement day.\nIn this section—\nprescribed change means a change—\nin a matter disclosed by the approval holder—\nin the application for the existing licence to erect; or\nin an application under this Act; and\nof a kind prescribed under a regulation.\n(sec.155-ssec.1) An existing licence to erect is taken to be an approval under this Act.\n(sec.155-ssec.2) A person who holds an existing licence to erect is taken to be an approval holder under this Act.\n(sec.155-ssec.3) An approval under subsection (1) — is taken to have been issued— on the same conditions as those subject to which the existing licence to erect was subject immediately before the commencement day; and on the further condition that the approval holder must give the chief health officer, within 21 days after a prescribed change, written notice of the prescribed change; and expires 1 year after the commencement day.\n(sec.155-ssec.4) In this section— prescribed change means a change— in a matter disclosed by the approval holder— in the application for the existing licence to erect; or in an application under this Act; and of a kind prescribed under a regulation.\n- (a) is taken to have been issued— (i) on the same conditions as those subject to which the existing licence to erect was subject immediately before the commencement day; and (ii) on the further condition that the approval holder must give the chief health officer, within 21 days after a prescribed change, written notice of the prescribed change; and\n- (i) on the same conditions as those subject to which the existing licence to erect was subject immediately before the commencement day; and\n- (ii) on the further condition that the approval holder must give the chief health officer, within 21 days after a prescribed change, written notice of the prescribed change; and\n- (b) expires 1 year after the commencement day.\n- (i) on the same conditions as those subject to which the existing licence to erect was subject immediately before the commencement day; and\n- (ii) on the further condition that the approval holder must give the chief health officer, within 21 days after a prescribed change, written notice of the prescribed change; and\n- (a) in a matter disclosed by the approval holder— (i) in the application for the existing licence to erect; or (ii) in an application under this Act; and\n- (i) in the application for the existing licence to erect; or\n- (ii) in an application under this Act; and\n- (b) of a kind prescribed under a regulation.\n- (i) in the application for the existing licence to erect; or\n- (ii) in an application under this Act; and","sortOrder":198},{"sectionNumber":"sec.156","sectionType":"section","heading":"Existing licences to use","content":"### sec.156 Existing licences to use\n\nAn existing licence to use is taken to be a licence under this Act.\nA person who holds an existing licence to use is taken to be a licensee under this Act.\nA licence under subsection (1) is taken to have been issued on the following conditions—\nthe licensee must give the chief health officer within 21 days of a prescribed change happening, written notice of the prescribed change;\nwithin 90 days after the commencement day, the licensee must start a quality assurance program, conducted by a quality assurance entity, for the private health facility;\nwithin 3 years after the commencement day, the licensee must receive certification from the quality assurance entity that the facility operates under a quality assurance system;\nafter the certification mentioned in paragraph (c) or subsection (4) is received, the facility must continue to be certified under the program as a facility that operates under a quality assurance system;\nthe licensee must comply with the standards relevant to the facility;\nthe licensee must operate the facility in accordance with the details about the facility stated in the licence, including providing at the facility only the type of health services stated in the licence;\nthe licensee must ensure the premises making up the facility and all equipment, fittings and furnishings in the facility are kept in good repair and operational order;\nthe licensee must not make a prescribed alteration to the facility without the approval of the chief health officer under section 65 ;\nthe other conditions, not inconsistent with the conditions set out in paragraphs (a) to (h) , to which the existing licence to use was subject immediately before the commencement day.\nSubsection (3) (b) and (c) do not apply if, on the commencement day, the licensee has received certification from a quality assurance entity that the facility operates under a quality assurance system.\nSubsection (3) (b) does not apply if, on the commencement day, the licensee has started, but has not finished, a quality assurance program for the facility.\nSection 74 does not apply to an instrument or document in force before the commencement day purporting to encumber a licence mentioned in subsection (1) .\nIn this section—\nprescribed change means a change—\nin a matter disclosed by the licensee—\nin an application under the repealed division; or\nin an application under this Act; and\nof a kind prescribed under a regulation.\n(sec.156-ssec.1) An existing licence to use is taken to be a licence under this Act.\n(sec.156-ssec.2) A person who holds an existing licence to use is taken to be a licensee under this Act.\n(sec.156-ssec.3) A licence under subsection (1) is taken to have been issued on the following conditions— the licensee must give the chief health officer within 21 days of a prescribed change happening, written notice of the prescribed change; within 90 days after the commencement day, the licensee must start a quality assurance program, conducted by a quality assurance entity, for the private health facility; within 3 years after the commencement day, the licensee must receive certification from the quality assurance entity that the facility operates under a quality assurance system; after the certification mentioned in paragraph (c) or subsection (4) is received, the facility must continue to be certified under the program as a facility that operates under a quality assurance system; the licensee must comply with the standards relevant to the facility; the licensee must operate the facility in accordance with the details about the facility stated in the licence, including providing at the facility only the type of health services stated in the licence; the licensee must ensure the premises making up the facility and all equipment, fittings and furnishings in the facility are kept in good repair and operational order; the licensee must not make a prescribed alteration to the facility without the approval of the chief health officer under section 65 ; the other conditions, not inconsistent with the conditions set out in paragraphs (a) to (h) , to which the existing licence to use was subject immediately before the commencement day.\n(sec.156-ssec.4) Subsection (3) (b) and (c) do not apply if, on the commencement day, the licensee has received certification from a quality assurance entity that the facility operates under a quality assurance system.\n(sec.156-ssec.5) Subsection (3) (b) does not apply if, on the commencement day, the licensee has started, but has not finished, a quality assurance program for the facility.\n(sec.156-ssec.6) Section 74 does not apply to an instrument or document in force before the commencement day purporting to encumber a licence mentioned in subsection (1) .\n(sec.156-ssec.7) In this section— prescribed change means a change— in a matter disclosed by the licensee— in an application under the repealed division; or in an application under this Act; and of a kind prescribed under a regulation.\n- (a) the licensee must give the chief health officer within 21 days of a prescribed change happening, written notice of the prescribed change;\n- (b) within 90 days after the commencement day, the licensee must start a quality assurance program, conducted by a quality assurance entity, for the private health facility;\n- (c) within 3 years after the commencement day, the licensee must receive certification from the quality assurance entity that the facility operates under a quality assurance system;\n- (d) after the certification mentioned in paragraph (c) or subsection (4) is received, the facility must continue to be certified under the program as a facility that operates under a quality assurance system;\n- (e) the licensee must comply with the standards relevant to the facility;\n- (f) the licensee must operate the facility in accordance with the details about the facility stated in the licence, including providing at the facility only the type of health services stated in the licence;\n- (g) the licensee must ensure the premises making up the facility and all equipment, fittings and furnishings in the facility are kept in good repair and operational order;\n- (h) the licensee must not make a prescribed alteration to the facility without the approval of the chief health officer under section 65 ;\n- (i) the other conditions, not inconsistent with the conditions set out in paragraphs (a) to (h) , to which the existing licence to use was subject immediately before the commencement day.\n- (a) in a matter disclosed by the licensee— (i) in an application under the repealed division; or (ii) in an application under this Act; and\n- (i) in an application under the repealed division; or\n- (ii) in an application under this Act; and\n- (b) of a kind prescribed under a regulation.\n- (i) in an application under the repealed division; or\n- (ii) in an application under this Act; and","sortOrder":199},{"sectionNumber":"sec.157","sectionType":"section","heading":"Pending applications","content":"### sec.157 Pending applications\n\nA pending application for a licence to use is taken to be an application for a licence under this Act.\nA pending application for renewal of an existing licence to use is taken to be an application for renewal under this Act.\nA pending application for approval to transfer an existing licence to use is taken to be an application for a transfer of a licence under this Act.\nThe provisions of this Act dealing with making an application for a licence or transfer of a licence in the approved form and paying the fee do not apply to the applications mentioned in subsections (1) and (3) .\nThe provisions of this Act dealing with making an application for renewal in the approved form and paying the fee do not apply to the application mentioned in subsection (2) .\nThe following kinds of pending applications are taken to have been withdrawn—\na pending application for a licence to erect;\na pending application for renewal of an existing licence to erect;\na pending application for approval to transfer an existing licence to erect.\n(sec.157-ssec.1) A pending application for a licence to use is taken to be an application for a licence under this Act.\n(sec.157-ssec.2) A pending application for renewal of an existing licence to use is taken to be an application for renewal under this Act.\n(sec.157-ssec.3) A pending application for approval to transfer an existing licence to use is taken to be an application for a transfer of a licence under this Act.\n(sec.157-ssec.4) The provisions of this Act dealing with making an application for a licence or transfer of a licence in the approved form and paying the fee do not apply to the applications mentioned in subsections (1) and (3) .\n(sec.157-ssec.5) The provisions of this Act dealing with making an application for renewal in the approved form and paying the fee do not apply to the application mentioned in subsection (2) .\n(sec.157-ssec.6) The following kinds of pending applications are taken to have been withdrawn— a pending application for a licence to erect; a pending application for renewal of an existing licence to erect; a pending application for approval to transfer an existing licence to erect.\n- (a) a pending application for a licence to erect;\n- (b) a pending application for renewal of an existing licence to erect;\n- (c) a pending application for approval to transfer an existing licence to erect.","sortOrder":200},{"sectionNumber":"sec.158","sectionType":"section","heading":"Action to cancel or suspend an existing licence to use","content":"### sec.158 Action to cancel or suspend an existing licence to use\n\nThis section applies if—\nimmediately before the commencement day, a person held an existing licence to use; and\nthe person received a notification under the repealed division of a day, time and place for the person to show cause why the existing licence to use should not be cancelled or suspended; and\nthe commencement day precedes the day notified.\nThe person may attempt to show cause as if this Act had not commenced.\nThe chief health officer may, after the person has attempted to show cause, cancel or suspend the licence as if this Act had not been passed.\n(sec.158-ssec.1) This section applies if— immediately before the commencement day, a person held an existing licence to use; and the person received a notification under the repealed division of a day, time and place for the person to show cause why the existing licence to use should not be cancelled or suspended; and the commencement day precedes the day notified.\n(sec.158-ssec.2) The person may attempt to show cause as if this Act had not commenced.\n(sec.158-ssec.3) The chief health officer may, after the person has attempted to show cause, cancel or suspend the licence as if this Act had not been passed.\n- (a) immediately before the commencement day, a person held an existing licence to use; and\n- (b) the person received a notification under the repealed division of a day, time and place for the person to show cause why the existing licence to use should not be cancelled or suspended; and\n- (c) the commencement day precedes the day notified.","sortOrder":201},{"sectionNumber":"sec.159","sectionType":"section","heading":"Suspended licences to use","content":"### sec.159 Suspended licences to use\n\nThis section applies if an existing licence to use has been suspended under the repealed division and the period of suspension has not ended on the commencement day.\nThe suspension is taken to continue as a suspension of a licence under this Act.\n(sec.159-ssec.1) This section applies if an existing licence to use has been suspended under the repealed division and the period of suspension has not ended on the commencement day.\n(sec.159-ssec.2) The suspension is taken to continue as a suspension of a licence under this Act.","sortOrder":202},{"sectionNumber":"sec.160","sectionType":"section","heading":"Proposed additions or alterations","content":"### sec.160 Proposed additions or alterations\n\nThis section applies if—\nimmediately before the commencement day an approval of an addition or alteration given by the chief health officer under section 70 of the repealed division is in force; and\nthe addition or alteration has not been made.\nThe addition or alteration may be made as if this Act had not commenced.\n(sec.160-ssec.1) This section applies if— immediately before the commencement day an approval of an addition or alteration given by the chief health officer under section 70 of the repealed division is in force; and the addition or alteration has not been made.\n(sec.160-ssec.2) The addition or alteration may be made as if this Act had not commenced.\n- (a) immediately before the commencement day an approval of an addition or alteration given by the chief health officer under section 70 of the repealed division is in force; and\n- (b) the addition or alteration has not been made.","sortOrder":203},{"sectionNumber":"sec.161","sectionType":"section","heading":"Offences","content":"### sec.161 Offences\n\nProceedings for an offence against the repealed division may be started or continued, and the provisions of the repealed division and the Health Act 1937 that are necessary or convenient to be used in relation to the proceedings continue to apply, as if this Act had not commenced.\nFor subsection (1) , the Acts Interpretation Act 1954 , section 20 applies, but does not limit the subsection.\n(sec.161-ssec.1) Proceedings for an offence against the repealed division may be started or continued, and the provisions of the repealed division and the Health Act 1937 that are necessary or convenient to be used in relation to the proceedings continue to apply, as if this Act had not commenced.\n(sec.161-ssec.2) For subsection (1) , the Acts Interpretation Act 1954 , section 20 applies, but does not limit the subsection.","sortOrder":204},{"sectionNumber":"sec.162","sectionType":"section","heading":"Application of offence provision requiring licences for day hospitals and other provision","content":"### sec.162 Application of offence provision requiring licences for day hospitals and other provision\n\nThis section applies if—\nimmediately before the commencement day—\na person operated a facility that, after the commencement day, is a day hospital; and\nthe person did not have a licence to use under the repealed division for the day hospital; and\nthe person is required to be a licensee to operate the day hospital under this Act; and\nthe same health services are provided at the day hospital as were provided immediately before the commencement day.\nSection 39 does not apply to the operation by the person of the day hospital until 6 months after the commencement day.\n(sec.162-ssec.1) This section applies if— immediately before the commencement day— a person operated a facility that, after the commencement day, is a day hospital; and the person did not have a licence to use under the repealed division for the day hospital; and the person is required to be a licensee to operate the day hospital under this Act; and the same health services are provided at the day hospital as were provided immediately before the commencement day.\n(sec.162-ssec.2) Section 39 does not apply to the operation by the person of the day hospital until 6 months after the commencement day.\n- (a) immediately before the commencement day— (i) a person operated a facility that, after the commencement day, is a day hospital; and (ii) the person did not have a licence to use under the repealed division for the day hospital; and\n- (i) a person operated a facility that, after the commencement day, is a day hospital; and\n- (ii) the person did not have a licence to use under the repealed division for the day hospital; and\n- (b) the person is required to be a licensee to operate the day hospital under this Act; and\n- (c) the same health services are provided at the day hospital as were provided immediately before the commencement day.\n- (i) a person operated a facility that, after the commencement day, is a day hospital; and\n- (ii) the person did not have a licence to use under the repealed division for the day hospital; and","sortOrder":205},{"sectionNumber":"sec.163","sectionType":"section","heading":"Licences not required to operate certain day hospitals","content":"### sec.163 Licences not required to operate certain day hospitals\n\nThis section applies if—\nimmediately before the commencement day—\na person (the licensee ) operated a facility (the licensee’s facility ) and held a licence to use for the facility; and\nanother person operated another facility, at the same place as the licensee’s facility, but did not hold a licence to use for the other facility; and\nthe other facility was operated by the other person under the licence to use for the licensee’s facility; and\nunder this Act—\nthe licensee’s facility is a private hospital operated by the licensee under a licence; and\nthe other facility is a day hospital operated by the other person.\nFor this Act, apart from this section—\nthe operation of the day hospital is part of the licensee’s operation of the private hospital; and\nthe other person does not operate the day hospital.\nSubsection (2) stops applying at the earliest of the following times—\nif the licence includes the statement mentioned in section 40 (1) (c) —the day it first includes the statement;\nthe day the licence stops being in force;\n1 year after the commencement day.\n(sec.163-ssec.1) This section applies if— immediately before the commencement day— a person (the licensee ) operated a facility (the licensee’s facility ) and held a licence to use for the facility; and another person operated another facility, at the same place as the licensee’s facility, but did not hold a licence to use for the other facility; and the other facility was operated by the other person under the licence to use for the licensee’s facility; and under this Act— the licensee’s facility is a private hospital operated by the licensee under a licence; and the other facility is a day hospital operated by the other person.\n(sec.163-ssec.2) For this Act, apart from this section— the operation of the day hospital is part of the licensee’s operation of the private hospital; and the other person does not operate the day hospital.\n(sec.163-ssec.3) Subsection (2) stops applying at the earliest of the following times— if the licence includes the statement mentioned in section 40 (1) (c) —the day it first includes the statement; the day the licence stops being in force; 1 year after the commencement day.\n- (a) immediately before the commencement day— (i) a person (the licensee ) operated a facility (the licensee’s facility ) and held a licence to use for the facility; and (ii) another person operated another facility, at the same place as the licensee’s facility, but did not hold a licence to use for the other facility; and (iii) the other facility was operated by the other person under the licence to use for the licensee’s facility; and\n- (i) a person (the licensee ) operated a facility (the licensee’s facility ) and held a licence to use for the facility; and\n- (ii) another person operated another facility, at the same place as the licensee’s facility, but did not hold a licence to use for the other facility; and\n- (iii) the other facility was operated by the other person under the licence to use for the licensee’s facility; and\n- (b) under this Act— (i) the licensee’s facility is a private hospital operated by the licensee under a licence; and (ii) the other facility is a day hospital operated by the other person.\n- (i) the licensee’s facility is a private hospital operated by the licensee under a licence; and\n- (ii) the other facility is a day hospital operated by the other person.\n- (i) a person (the licensee ) operated a facility (the licensee’s facility ) and held a licence to use for the facility; and\n- (ii) another person operated another facility, at the same place as the licensee’s facility, but did not hold a licence to use for the other facility; and\n- (iii) the other facility was operated by the other person under the licence to use for the licensee’s facility; and\n- (i) the licensee’s facility is a private hospital operated by the licensee under a licence; and\n- (ii) the other facility is a day hospital operated by the other person.\n- (a) the operation of the day hospital is part of the licensee’s operation of the private hospital; and\n- (b) the other person does not operate the day hospital.\n- (a) if the licence includes the statement mentioned in section 40 (1) (c) —the day it first includes the statement;\n- (b) the day the licence stops being in force;\n- (c) 1 year after the commencement day.","sortOrder":206},{"sectionNumber":"sec.164","sectionType":"section","heading":"Inclusion of statement in certain licences","content":"### sec.164 Inclusion of statement in certain licences\n\nThe chief health officer may include in a licence mentioned in section 163 the statement mentioned in section 40 (1) (c) .\nIf the chief health officer acts under subsection (1) , section 40 applies as if the licensee asked, in an application to change the licence, for the licence to make the statement.\n(sec.164-ssec.1) The chief health officer may include in a licence mentioned in section 163 the statement mentioned in section 40 (1) (c) .\n(sec.164-ssec.2) If the chief health officer acts under subsection (1) , section 40 applies as if the licensee asked, in an application to change the licence, for the licence to make the statement.","sortOrder":207},{"sectionNumber":"pt.13","sectionType":"part","heading":"Validating provision","content":"# Validating provision","sortOrder":208},{"sectionNumber":"sec.165","sectionType":"section","heading":"Validation of notices under s 12 (3)","content":"### sec.165 Validation of notices under s 12 (3)\n\nThe Private Health Facilities (Standards) Notice 2000 is, and is taken to have always been, as valid as if it had been published in the gazette on 24 November 2000.\nThe Private Health Facilities (Standards) Amendment Notice (No. 1) 2001 is, and is taken to have always been, as valid as if it had been published in the gazette on 23 November 2001.\ns 165 ins 2003 No. 9 s 64\n(sec.165-ssec.1) The Private Health Facilities (Standards) Notice 2000 is, and is taken to have always been, as valid as if it had been published in the gazette on 24 November 2000.\n(sec.165-ssec.2) The Private Health Facilities (Standards) Amendment Notice (No. 1) 2001 is, and is taken to have always been, as valid as if it had been published in the gazette on 23 November 2001.","sortOrder":209},{"sectionNumber":"pt.14","sectionType":"part","heading":"Transitional provisions for Mater public hospitals","content":"# Transitional provisions for Mater public hospitals","sortOrder":210},{"sectionNumber":"sec.166","sectionType":"section","heading":"Definitions for pt 14","content":"### sec.166 Definitions for pt 14\n\nIn this part—\nexisting licences means the licences held by the Mater for the Mater private hospitals immediately before the commencement of this part.\nMater private hospitals means the following hospitals located at South Brisbane—\nMater Misericordiae Private Hospital\nMater Misericordiae Women’s and Children’s Private Health Service.\nMater public hospitals means the following hospitals located at South Brisbane—\nMater Adult Hospital\nMater Children’s Hospital\nMater Mothers’ Hospital.\nthe Mater means Mater Misericordiae Health Services Brisbane Ltd (ACN 096 708 922).\ns 166 ins 2008 No. 60 s 17\n- • Mater Misericordiae Private Hospital\n- • Mater Misericordiae Women’s and Children’s Private Health Service.\n- • Mater Adult Hospital\n- • Mater Children’s Hospital\n- • Mater Mothers’ Hospital.","sortOrder":211},{"sectionNumber":"sec.167","sectionType":"section","heading":"Mater public hospitals are private hospitals","content":"### sec.167 Mater public hospitals are private hospitals\n\nTo remove any doubt, it is declared that the Mater public hospitals are private hospitals for this Act.\ns 167 ins 2008 No. 60 s 17","sortOrder":212},{"sectionNumber":"sec.168","sectionType":"section","heading":"Chief health officer may issue licence","content":"### sec.168 Chief health officer may issue licence\n\nSubject to subsection (2), the chief health officer must, under this part, issue a licence (the new licence ) to the Mater for the Mater private hospitals and the Mater public hospitals.\nTo allow the chief health officer to issue the new licence, the Mater must, within 30 days after the commencement of this section, give the chief health officer an application for a licence, in the approved form mentioned in section 42(b), relating to the Mater private and public hospitals.\nSections 43 to 46 do not apply to the application.\nThe chief health officer must issue the new licence within 30 days after receiving the application.\nThe new licence replaces the existing licences and is taken to have been issued under part 6.\nWithout limiting subsection (5)—\npart 6, divisions 4 to 7 apply to the new licence; and\nfor applying section 48, a reference in section 48(6), definition prescribed change , paragraph (a) to an application under this Act includes a reference to the application mentioned in subsection (2); and\nsection 48(1)(e) is not limited by anything in the existing agreement mentioned in the Mater Public Health Services Act 2008 , section 9.\ns 168 ins 2008 No. 60 s 17\n(sec.168-ssec.1) Subject to subsection (2), the chief health officer must, under this part, issue a licence (the new licence ) to the Mater for the Mater private hospitals and the Mater public hospitals.\n(sec.168-ssec.2) To allow the chief health officer to issue the new licence, the Mater must, within 30 days after the commencement of this section, give the chief health officer an application for a licence, in the approved form mentioned in section 42(b), relating to the Mater private and public hospitals.\n(sec.168-ssec.3) Sections 43 to 46 do not apply to the application.\n(sec.168-ssec.4) The chief health officer must issue the new licence within 30 days after receiving the application.\n(sec.168-ssec.5) The new licence replaces the existing licences and is taken to have been issued under part 6.\n(sec.168-ssec.6) Without limiting subsection (5)— part 6, divisions 4 to 7 apply to the new licence; and for applying section 48, a reference in section 48(6), definition prescribed change , paragraph (a) to an application under this Act includes a reference to the application mentioned in subsection (2); and section 48(1)(e) is not limited by anything in the existing agreement mentioned in the Mater Public Health Services Act 2008 , section 9.\n- (a) part 6, divisions 4 to 7 apply to the new licence; and\n- (b) for applying section 48, a reference in section 48(6), definition prescribed change , paragraph (a) to an application under this Act includes a reference to the application mentioned in subsection (2); and\n- (c) section 48(1)(e) is not limited by anything in the existing agreement mentioned in the Mater Public Health Services Act 2008 , section 9.","sortOrder":213},{"sectionNumber":"pt.15","sectionType":"part","heading":"Transitional provision for Health Legislation Amendment Act 2020","content":"# Transitional provision for Health Legislation Amendment Act 2020","sortOrder":214},{"sectionNumber":"sec.169","sectionType":"section","heading":"Conditions of existing licences","content":"### sec.169 Conditions of existing licences\n\nA licence that was in force immediately before the commencement is taken, from the commencement, to be subject to the condition stated in new section 48(1)(b) and not to be subject to the conditions stated in previous section 48(1)(b) to (d).\nIn this section—\nnew , in relation to a provision, means the provision as amended by the Health Legislation Amendment Act 2020 .\nprevious , in relation to a provision, means the provision as in force immediately before the commencement.\ns 169 ins 2020 No. 31 s 24\n(sec.169-ssec.1) A licence that was in force immediately before the commencement is taken, from the commencement, to be subject to the condition stated in new section 48(1)(b) and not to be subject to the conditions stated in previous section 48(1)(b) to (d).\n(sec.169-ssec.2) In this section— new , in relation to a provision, means the provision as amended by the Health Legislation Amendment Act 2020 . previous , in relation to a provision, means the provision as in force immediately before the commencement.","sortOrder":215}],"analysis":{"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"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act remains focused on the same core purpose it states at s.3 — regulating private health facilities to protect patient health and wellbeing. Over time the text has been amended to add procedural detail (timeframes, transitional arrangements), stronger enforcement and inspection tools, accreditation and reporting requirements, and controlled data‑sharing exceptions. Those amendments broaden the operational detail and administrative reach of the scheme but do not change the fundamental scope of regulating approvals, licences, standards and enforcement for private hospitals and day hospitals."},"complexity_factors":["Lengthy multi-part structure (15 Parts with many Divisions and Subdivisions)","Extensive cross-references between Parts (e.g. approvals, licences, suitability checks, suspension and enforcement)","Numerous conditional decision pathways (show‑cause notices, compliance notices, immediate suspension, extensions of decision timeframes)","Many procedural time limits and triggers (multiple 21‑day, 30‑day and 60‑day periods, and varied 'taken to be refused' rules)","Delegated powers to the chief health officer and authorised persons with wide discretion (s.12, s.48, s.88, s.148)","Multiple defined terms deferred to Schedule 3 and external Acts (Planning Act 2016, Corporations Act, QCAT Act) creating cross‑statutory complexity","Significant enforcement mechanics: warrant and special warrant procedures, seizure, forfeiture and compensation rules (ss.95–113, 121)","Transitional and validating provisions that preserve and convert pre‑existing consents, licences and proceedings (Parts 12, 14, 15)","Layered confidentiality and data‑sharing exceptions with reporting obligations and prescribed recipients (s.147 and ss.147B–147D)","Varied penalty levels across offences and corporate liability provisions extending to executive officers (s.39, ss.49, 75, 143)"],"plain_english_summary":"**What this law does (mechanics first)\n\n- Sets up a two-step permission system for private health facilities: an *approval* to propose a facility and then a *licence* to operate it. Only a licensee may run a private health facility (see s.4 and s.39).\n- Gives the chief health officer the power to make operational standards for private hospitals and day hospitals (s.12). Standards can cover staffing, equipment, infection control, admission/discharge procedures, credentialing of clinicians, minimum patient throughput and related matters.\n- Makes the chief health officer the decision-maker for approvals and licences, with prescribed procedural protections: timeframes for decisions, requests for further information, show‑cause notices before adverse change, and internal and external review routes (Parts 5, 6 and 9).\n- Imposes ongoing obligations on licensees: comply with standards and accreditation schemes, keep premises and equipment in working order, notify prescribed changes within 21 days, and get approval for prescribed alterations (s.48, s.144, s.23, s.65).\n- Authorises inspection and enforcement powers: appointment of authorised persons, rights to enter facilities (with consent, during business hours, or by warrant), powers to inspect, seize and secure evidence, and to give compliance notices (Parts 8 and s.125).\n- Provides civil and criminal enforcement tools: fines (expressed as penalty units), suspension and cancellation of approvals or licences for specified grounds (Part 7), immediate suspension where patient safety is at risk (s.85), and possible forfeiture of seized items (ss.109–111).\n- Requires reporting by licensees for monitoring quality and service volumes (s.144) and contains confidentiality rules and narrow exceptions for disclosure to other government entities or authorised persons (s.147 and following).\n- Preserves transition arrangements for licences and applications that existed under the repealed law and contains particular transitional provisions (Part 12 and later parts, including special provisions for the Mater hospitals — Parts 14–15).\n\n\nWhat the Act says it aims to achieve (official rationale)\n\n- The Act states its main object is to provide a framework for protecting the health and wellbeing of patients receiving services at private health facilities (s.3). It says this is mainly achieved by enabling standards, requiring prior approvals and licences, and providing monitoring and enforcement.\n\n\nWho is affected and who makes the decisions\n\n- Affected: persons who operate private hospitals or day hospitals (licensees), applicants seeking to establish facilities (approval holders), health practitioners working at those facilities, and, indirectly, owners where they are also operators (s.4, s.11).\n- Decides: the chief health officer (primary decision-maker for standards, approvals and licences), authorised persons (inspectors) appointed by the chief health officer, and courts/tribunals for reviews and prosecutions (see s.12, Parts 5–9).\n- Pays: applicants and licensees bear the direct costs — application fees, compliance with standards and accreditation, building and equipment obligations, time to produce reports, and potential costs from inspections, remediation, or enforcement actions (see ss.17, 42, 51, 144, 48).\n\n\nHow it changes behaviour (concrete incentives and burdens)\n\n- Creates entry costs and regulatory friction: applicants must hold an approval before becoming a licensee and pay prescribed fees; licence terms are limited (1–3 years depending on accreditation) and renewal requires compliance with standards, creating recurring administrative cost and compliance activity (ss.4, 17, 50, 51, 53).\n- Increases operating compliance: licensees must follow standards and accreditation schemes, notify prescribed changes within 21 days, and obtain approval before certain physical alterations — behaviour that preserves clinical and building safety but requires ongoing administrative systems (ss.23, 48, 62–65).\n- Strengthens inspection and enforcement: authorised persons can enter, inspect, seize evidence, and issue compliance notices; non‑compliance can trigger fines, suspension or cancellation. That centralises supervisory discretion in the chief health officer and authorised inspectors (Parts 7–8, s.125).\n- Imposes reporting and data obligations: licensees must submit prescribed reports for monitoring quality and service volumes; some confidentiality exceptions allow controlled sharing of those data with government entities (ss.144, 147, 147B–147D).\n\n\nTrade-offs, implementation risks and practical points to note\n\n- Discretion vs certainty: the Act gives broad discretion to the chief health officer (standards, conditions, show‑cause and suspension powers). That allows targeted patient-safety action (e.g. immediate suspension s.85) but increases regulatory uncertainty for operators unless standards and decision-making practices are transparent.\n- Concentrated compliance costs: most direct costs fall on facility operators (licence fees, accreditation, meeting standards). Benefits (patient safety) are diffuse; operators thus face compliance and capital costs to maintain licence eligibility (ss.48, 50, 144).\n- Data sharing and confidentiality: confidentiality protections are strong, but the Act includes specific exceptions permitting disclosure to other government entities or authorised recipients for public‑interest, funding or monitoring reasons (s.147 and ss.147B–147D). This creates an implementation requirement to manage sensitive data carefully.\n- Enforcement and remedies: the Act provides graduated tools (compliance notices, show‑cause, suspension, seizure, fines), and avenues for internal review and external review (QCAT), which balance administrative enforcement with rights to procedural review (s.125; Parts 9 and 10).\n- Transitional and sector‑specific rules: the Act contains detailed transitional provisions converting previous consents and licences into approvals/licences under the Act, and special provisions for particular hospitals (Mater), which can affect legacy operators differently than new entrants (Part 12, Part 14).\n\n\nPrimary statutory references: see s.3 (object), s.12 (standards), s.39 (licences required), ss.17–38 (approvals), ss.41–79 (licences and dealings), Parts 7–8 (suspension, enforcement), s.144 (reporting), s.147 (confidentiality), and Parts 9–10 (reviews and proceedings)."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"sec.9 and sec.10","severity":"high","reasoning":"Section 9 defines a private hospital as requiring overnight stay (discharge on a day other than admission). Section 10 defines a day hospital only in terms of 'day hospital health services' as exhaustively listed in s.10(3). Health services provided same-day that do not involve general/spinal/epidural anaesthetic, non-simple sedation, or a prescribed high-risk procedure fall through the definitional gap entirely. For example, a same-day procedure under simple sedation would not qualify the facility as a day hospital, and the patient is discharged same-day so it is not a private hospital. The facility thus operates outside the Act's regulatory scope despite providing health services to patients.","confidence":0.82,"description":"The definitions of 'private hospital' and 'day hospital' create a temporal gap: a patient admitted and discharged on the same day is not a private hospital patient (who must be discharged on a 'day other than the day of admission'), yet if the same-day procedure does not qualify as a 'day hospital health service' under s.10(3), the facility providing the service falls into neither category and thus is not a 'private health facility' at all, escaping all regulation."},{"type":"self_contradicting","section":"sec.10(2)","severity":"medium","reasoning":"Section 10(2) says a facility is 'not a day hospital merely because' an emergency day hospital health service is provided there. But the Act's entire protective framework (standards, licensing, compliance monitoring under s.3) applies only to private health facilities. If the facility is excluded from being a day hospital for that service, the protections designed for patient wellbeing under s.3 do not apply to the emergency patient, directly undermining the Act's stated main object.","confidence":0.75,"description":"The 'emergency exception' to day hospital classification is self-defeating in its operation. If a facility provides an emergency day hospital health service and is thereby excluded from being a 'day hospital', it simultaneously cannot hold a licence for a day hospital, yet the patient receiving the emergency service is still receiving a regulated health service at an unlicensed facility. The exception protects the operator from classification but leaves the patient in a regulatory void."},{"type":"other","section":"sec.25(3)(d)","severity":"medium","reasoning":"Section 25(3)(d) says the application must 'be made within the period starting 60 days before the approval expires' but specifies no closing boundary for that period. A natural reading might imply it ends on expiry, but the text does not say so. Compare s.51(2)(b) which uses identical language for licence renewal — in both cases a court could read the period as having no stated end, meaning applications could arguably be made after expiry. This creates uncertainty about whether late applications are valid.","confidence":0.7,"description":"The application window for extending an approval is defined only as 'within the period starting 60 days before the approval expires' with no end point specified. The provision states when the period starts but not when it ends, leaving it theoretically open-ended, including potentially after the approval has already expired."},{"type":"circular_definition","section":"sec.44(2)(d) and sec.44(2)(e)","severity":"low","reasoning":"For a facility never yet occupied, a certificate of occupancy must have been issued before a licence is granted (s.44(2)(d)). A certificate of occupancy is typically issued only after construction completion and inspection. The Act requires the certificate before operation commences, which is sensible, but para (e) then separately requires building code compliance for facilities not caught by para (d) — i.e., existing occupied facilities. This suggests an existing operating facility need only comply with the building code rather than hold a certificate of occupancy, meaning a deteriorating facility could avoid the higher standard. The distinction creates an anomaly where previously occupied facilities face a lower bar.","confidence":0.6,"description":"The licence-granting criteria for building compliance create an impossible compliance paradox: paragraph (d) applies to facilities 'that have never been occupied' requiring a certificate of occupancy, while paragraph (e) applies to all other facilities requiring building code compliance. However, a brand-new facility cannot have a certificate of occupancy until it is inspected as built, yet it also cannot be occupied (defeating para (d)'s premise) until the certificate is issued. This is circularity in the building compliance prerequisite for a never-before-occupied facility."},{"type":"impossible_compliance","section":"sec.48(1)(b) and sec.50(2)(a)","severity":"medium","reasoning":"Section 48(1)(b) makes accreditation scheme compliance a mandatory condition of every licence. Section 50(2)(a) rewards certified facilities with 3-year terms, otherwise limiting licensees to 1-year terms. If accreditation certification processes typically take longer than one year (which is common in healthcare), a licensee is locked into annual renewals indefinitely despite full compliance with the mandatory condition, creating an administrative burden that may be practically impossible to escape within the licence cycle.","confidence":0.72,"description":"A mandatory licence condition requires the licensee to comply with a prescribed accreditation scheme, yet the extended 3-year licence term is conditional on the facility being 'certified as operating under' that same scheme. This creates a bootstrapping problem: a licensee must comply with the accreditation scheme as a condition of holding any licence, but receives only a 1-year licence until certified under that scheme, meaning the mandatory compliance condition must be met but cannot be demonstrated as certified within a single 1-year licence cycle if certification takes longer than a year."},{"type":"other","section":"sec.12(3) and sec.12(5)","severity":"medium","reasoning":"Under s.12(3), a standard has no effect without ministerial notification. Under s.12(5), the notice is subordinate legislation. But the standards themselves are not declared to be subordinate legislation. This means standards cannot be disallowed via the standard Parliamentary scrutiny mechanisms for subordinate legislation, yet they impose binding obligations (via s.48(1)(c)) on licensees under penalty. The notice — which merely announces the standard — attracts Parliamentary scrutiny, but the substantive regulatory content does not.","confidence":0.78,"description":"Standards made by the chief health officer have no effect unless the Minister notifies their making, and the notice constitutes subordinate legislation. However, the standards themselves are not described as subordinate legislation — only the notice is. This means the operative content (the standards) lacks the legal status of subordinate legislation while the notification mechanism has that status, creating an anomalous situation where the procedural notice is subordinate legislation but the substantive standards it activates are not."},{"type":"other","section":"sec.7","severity":"low","reasoning":"The definition is purpose-based with no minimum clinical threshold. While context from ss.9-10 narrows the definition of private health facilities, the base definition of 'health service' in s.7 is extraordinarily broad. A massage parlour claiming to 'maintain wellbeing', or a meditation centre, could meet the s.7 definition. This creates interpretive uncertainty at the margins of the Act's application.","confidence":0.55,"description":"The definition of 'health service' as 'a service provided to a person for maintaining, improving or restoring the person's health and wellbeing' is potentially boundless in scope. Gym memberships, dietary advice, and lifestyle coaching could all qualify. The Act provides no further limiting criteria beyond purpose, meaning almost any commercially provided wellness service could theoretically trigger the Act's regulatory framework if provided at a 'facility'."},{"type":"self_contradicting","section":"sec.40","severity":"high","reasoning":"The Act's main object (s.3) is to protect patients at private health facilities. Section 40(2)(b) deems the actual operator of a day hospital to not be operating it, transferring all regulatory responsibility to the private hospital licensee who may have no operational control over the day hospital's clinical activities. This creates a potentially serious patient safety gap: the person physically running the day hospital faces no direct regulatory obligations, and the licensed private hospital operator bears liability for a facility they do not control.","confidence":0.8,"description":"Section 40 creates a legal fiction that when a licensee of a private hospital incorporates a co-located day hospital into its licence, 'the other person does not operate the day hospital' for purposes of the Act. This means the actual operator of the day hospital bears no regulatory obligations under the Act and cannot be held liable for compliance failures at the day hospital, despite the patients being directly in their care."}],"contradictions":[{"severity":"medium","section_a":"sec.4(3)(a)","section_b":"sec.41","confidence":0.72,"description":"Section 4(3)(a) states a person may become a licensee only if they 'first hold an approval for the facility', implying the approval must pre-date and be held before any licence is obtained. Section 41 simply says an application for a licence 'may only be made by an approval holder', which is consistent. However, s.4(3)(b) allows becoming a licensee as a transferee of a licence without ever holding an approval, which directly contradicts the stated general rule in s.4(3)(a) that an approval must be held 'first'. The word 'first' in para (a) implies temporal and logical priority, yet para (b) bypasses approval entirely."},{"severity":"low","section_a":"sec.19(2)(b)","section_b":"sec.44(2)(f)(ii)","confidence":0.62,"description":"At the approval stage (s.19(2)(b)), the chief health officer must be satisfied the proposed facility 'will comply with the relevant standards'. At the licence stage (s.44(2)(f)(ii)), the standard is that 'when operational, the facility...will comply with the relevant standards'. The approval stage therefore requires prospective compliance with standards before a licence is even applied for, yet the licence stage only requires the same forward-looking satisfaction. If both require prospective rather than actual compliance, the approval stage adds no meaningful additional assurance, undermining the two-stage gateway system described in s.3(2)."},{"severity":"medium","section_a":"sec.5","section_b":"sec.9(2)(a) and sec.10(1)","confidence":0.85,"description":"Section 5 declares the Act binds the State. However, hospitals operated by the State are expressly excluded from the definitions of both 'private hospital' (s.9(2)(a)) and 'day hospital' (s.10(1)), meaning State-operated facilities are not 'private health facilities' under the Act and are therefore entirely outside its regulatory framework. The declaration that the Act binds the State is therefore an empty provision with respect to health facility regulation — the State as a health facility operator faces no obligations under the Act despite being notionally bound by it."},{"severity":"low","section_a":"sec.29(6)","section_b":"sec.29(3)","confidence":0.78,"description":"Section 29(3) refers to written representations made by 'the approval holder' during the show cause period. Section 29(6) then requires the chief health officer to consider representations made by 'the authority holder'. These are different defined terms — an 'approval holder' holds an approval (pt.5) while an 'authority holder' is defined in s.11 to cover both approval and licence holders. The inconsistent use of these terms within the same section creates uncertainty about whose representations must be considered and whether the procedural protection in s.29(6) is coextensive with the invitation in s.29(3)."},{"severity":"low","section_a":"sec.48(1)(c)","section_b":"sec.12(1)","confidence":0.65,"description":"Section 48(1)(c) makes compliance with 'the standards relevant to the facility' a mandatory licence condition, creating an ongoing legal obligation. Section 12(1) provides that the chief health officer 'may' make standards — a discretionary power. If the chief health officer chooses not to make any standards, a licensee would face a mandatory licence condition to comply with standards that do not exist, rendering that condition either perpetually satisfied (vacuously) or meaninglessly imposed. The mandatory compliance obligation depends on the exercise of a discretionary standard-making power."},{"severity":"medium","section_a":"sec.50(2)(b)","section_b":"sec.48(1)(b)","confidence":0.76,"description":"Section 50(2)(b) limits non-accredited facilities to a 1-year licence term. Section 48(1)(b) makes accreditation scheme compliance a mandatory condition of the licence itself. This means a facility is simultaneously required by law to comply with an accreditation scheme as a condition of its licence, but is penalised with a shorter licence term if it has not yet achieved certification under that scheme. A licensee who is complying with the accreditation scheme but has not yet received certification is penalised despite fulfilling their legal obligation, conflating the act of compliance with the administrative outcome of certification."}]},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act's scope remains consistent with its stated purpose of regulating private health facilities through an approval and licensing framework. The procedural detail is extensive but serves the core regulatory objective. Minor amendments (e.g., accreditation scheme requirements added in 2020, penalty unit adjustments) have incrementally expanded administrative requirements but have not fundamentally altered the original regulatory scope."},"complexity_factors":["Multi-stage regulatory framework (approvals then licences) with parallel procedural rules for each stage","Extensive procedural requirements with multiple overlapping timeframes (30-day, 60-day, 21-day notice periods)","Technical definitions distinguishing 'day hospitals' from 'private hospitals', including clinical distinctions between types of anaesthesia and sedation","Suitability assessment provisions covering individuals, corporations, executive officers, and associates — each with different criteria","Multiple application types (approval, licence, renewal, change, extension, replacement) each with their own procedures","Provisions for deemed refusal if deadlines are not met, adding complexity to procedural management","Interaction with external frameworks (accreditation schemes, building codes, certificates of occupancy, corresponding laws in other jurisdictions)","Criminal history investigation powers with confidentiality requirements cross-referenced to other sections","Corporate liability provisions extending personal responsibility to executive officers","Significant cross-referencing throughout — understanding any one provision often requires reading multiple other sections and schedules"],"plain_english_summary":"This law creates a regulatory regime for private hospitals and day-surgery centres to protect patient safety: operators must obtain planning approval and a licence, meet mandatory clinical and safety standards, and pass suitability checks.  \n\nIt affects patients (safety protections), operators and investors (strict approval/licensing, ongoing compliance) and company executives (personal liability and heavy penalties for breaches)."},"kimi_summary":{"_metrics":{"completionTokens":533},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose of regulating private health facilities through approvals, licences, and standards. The scope has not materially expanded beyond patient protection and facility oversight."},"complexity_factors":["Multiple nested approval pathways (approval → licence → renewal/transfer)","Extensive cross-referencing between Parts (e.g., suitability assessments in Part 4 apply throughout)","Numerous defined terms with conditional definitions (e.g., 'day hospital health service' with multiple procedural criteria)","Time-bound procedural requirements with cascading deadlines (60-day decision periods with extensions)","Parallel processes for approvals and licences with similar but not identical requirements","Multiple exception clauses (e.g., emergency services exclusion from day hospital definition)","Subordinate legislation dependencies (standards, regulations, approved forms)","Transitional provisions preserving pre-1999 licences and applications","Joint authority holder provisions with survival rules on death","Immediate suspension powers with 60-day automatic expiry"],"plain_english_summary":"This Queensland Act regulates **private health facilities** — specifically **private hospitals** and **day hospitals** — to protect patient health and wellbeing.\n\n**What it does:**\n- **Establishes a two-step approval system**: Before operating a private health facility, a person must first obtain an **approval** (planning permission), then a **licence** (operating permission).\n- **Sets standards**: The Chief Health Officer can make standards covering patient care, infection control, equipment, staffing, and quality assurance.\n- **Requires suitability checks**: Applicants and licence holders must demonstrate they are \"suitable persons\" — considering skills, financial viability, criminal history, and bankruptcy status.\n- **Provides enforcement powers**: Authorised officers can enter premises, inspect records, seize evidence, and issue compliance notices. Serious breaches can lead to licence suspension or cancellation.\n- **Creates offences**: Operating without a licence carries heavy penalties (up to 1,000 penalty units). There are also offences for false statements, obstructing officers, and breaching licence conditions.\n\n**Who it affects:**\n- Private hospital and day hospital operators\n- Medical practitioners working in these facilities\n- Corporate executives (who can be personally liable for corporate offences)\n\n**Key features:**\n- Licences last 1–3 years depending on accreditation status\n- Licences can be transferred, renewed, or surrendered\n- Decisions can be reviewed internally and then appealed to QCAT (Queensland Civil and Administrative Tribunal)\n- Strict confidentiality rules protect patient and commercial information"}},"importantCases":[],"_links":{"self":"/api/acts/private-health-facilities-act-1999","history":"/api/acts/private-health-facilities-act-1999/history","analysis":"/api/acts/private-health-facilities-act-1999/analysis","conflicts":"/api/acts/private-health-facilities-act-1999/conflicts","importantCases":"/api/acts/private-health-facilities-act-1999/important-cases","documents":"/api/acts/private-health-facilities-act-1999/documents"}}