{"id":"nsw:sl-2024-0445","name":"Private Health Facilities Regulation 2024","slug":"private-health-facilities-regulation-2024","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"445 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174611,"registerId":"nsw-sl-2024-0445-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of regulation","content":"#### 1 Name of regulation\n\n1 Name of regulation\n\n> This regulation is the [Private Health Facilities Regulation 2024](/view/html/inforce/current/sl-2024-0445).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on the day on which it is published on the NSW legislation website.\n> \n> Note—\n> \n> This regulation repeals and replaces the [Private Health Facilities Regulation 2017](/view/html/repealed/current/sl-2017-0483), which would otherwise be repealed on 1 September 2024 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> The dictionary in Schedule 5 defines words used in this regulation.\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this regulation.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definition of “private health facility”","content":"#### 4 Definition of “private health facility”\n\n4 Definition of “private health facility”\n\n> For the Act, section 4(1), definition of private health facility, the following services or treatments are prescribed, regardless of whether the person provided with the service or treatment is admitted to a facility—\n> \n> > (a) anaesthesia,\n> \n> > (b) cardiac catheterisation,\n> \n> > (c) chemotherapy,\n> \n> > (d) cosmetic surgery,\n> \n> > (e) gastrointestinal endoscopy,\n> \n> > (f) interventional neuroradiology,\n> \n> > (g) (Repealed)\n> \n> > (h) radiotherapy,\n> \n> > (i) rapid opioid detoxification,\n> \n> > (j) renal dialysis,\n> \n> > (k) services or treatments relating to the care of patients injured in accidents, or those suffering from medical or other emergencies, through the provision of the following—\n> > \n> > > (i) reception,\n> > \n> > > (ii) resuscitation,\n> > \n> > > (iii) medical and surgical treatment,\n> > \n> > > (iv) life support systems,\n> \n> > (l) surgical procedures, other than dental procedures, performed on patients who are administered the following—\n> > \n> > > (i) general anaesthetic,\n> > \n> > > (ii) epidural anaesthetic,\n> > \n> > > (iii) major regional anaesthetic,\n> > \n> > > (iv) sedation resulting in deeper than conscious sedation.\n> \n> **s 4:** Am 2024 (638), Sch 1\\[1\\].","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Licensing of private health facilities","content":"# Part 2 Licensing of private health facilities\n\nPart 2 Licensing of private health facilities","sortOrder":5},{"sectionNumber":"Division 1","sectionType":"division","heading":"Classes of private health facilities","content":"## Division 1 Classes of private health facilities\n\nDivision 1 Classes of private health facilities","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Classes of private health facilities—the Act, s 10(1)","content":"#### 5 Classes of private health facilities—the Act, s 10(1)\n\n5 Classes of private health facilities—the Act, s 10(1)\n\n> Schedule 1 prescribes the classes of private health facilities.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Licensing standards—the Act, ss 5 and 65(3)","content":"#### 6 Licensing standards—the Act, ss 5 and 65(3)\n\n6 Licensing standards—the Act, ss 5 and 65(3)\n\n> > (1) Schedule 2 prescribes licensing standards that apply to all private health facilities.\n> \n> > (2) Schedule 3 prescribes licensing standards that apply to specified classes of private health facilities.\n> \n> > (3) The licensee of a private health facility must ensure the facility is conducted in accordance with the licensing standards that apply to the facility.\n> > \n> > Maximum penalty—5 penalty units.\n> \n> > (4) A licensee is not guilty of an offence under subsection (3) if the licensee—\n> > \n> > > (a) was not aware of the circumstances giving rise to the alleged offence, and\n> > \n> > > (b) could not reasonably be expected to have been aware of the circumstances.","sortOrder":8},{"sectionNumber":"Division 2","sectionType":"division","heading":"Fees","content":"## Division 2 Fees\n\nDivision 2 Fees","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Application for licence—the Act, s 6","content":"#### 7 Application for licence—the Act, s 6\n\n7 Application for licence—the Act, s 6\n\n> > (1) For the Act, section 6(2)(f), the prescribed fee is $8,454.\n> \n> > (2) For the Act, section 6(2)(f), the following particulars and documents are prescribed—\n> > \n> > > (a) for a private health facility operated by a corporation, other than a church or religious organisation—the extract of particulars, within the meaning of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth, for the current year,\n> > \n> > > (b) for a private health facility operated by a church or religious organisation—\n> > > \n> > > > (i) a certificate of incorporation for the organisation, or\n> > > \n> > > > (ii) if the church or organisation is incorporated by an Act—a copy of that Act.\n> \n> **s 7:** Am 2024 (598), Sch 2\\[1\\]; 2025 (452), Sch 3\\[1\\].","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Request for extension of approval in principle—the Act, s 8","content":"#### 8 Request for extension of approval in principle—the Act, s 8\n\n8 Request for extension of approval in principle—the Act, s 8\n\n> For the Act, section 8(4), the prescribed fee is $4,308.\n> \n> **s 8:** Am 2024 (598), Sch 2\\[2\\]; 2025 (452), Sch 3\\[2\\].","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Annual licence fees—the Act, s 14","content":"#### 9 Annual licence fees—the Act, s 14\n\n9 Annual licence fees—the Act, s 14\n\n> For the Act, section 14(1), the prescribed fee is—\n> \n> > (a) for private health facilities of any class that provide for the accommodation of patients admitted for more than 24 hours—the fee determined in accordance with the table to this section, or\n> \n> > (b) for other private health facilities—$7,531.\n> \n> | Maximum number of patients facility is licensed to accommodate | Fee |\n> | Fewer than 51 | $7,531 |\n> | 51–75 | $9,363 |\n> | 76–100 | $11,194 |\n> | 101–150 | $14,857 |\n> | 151–200 | $16,689 |\n> | More than 200 | $18,520 |\n> \n> **s 9:** Am 2024 (598), Sch 2\\[3\\] \\[4\\]; 2025 (452), Sch 3\\[3\\] \\[4\\].","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Transfer of licence—the Act, s 15","content":"#### 10 Transfer of licence—the Act, s 15\n\n10 Transfer of licence—the Act, s 15\n\n> For the Act, section 15(3)(b), the prescribed fee is $4,967.\n> \n> **s 10:** Am 2024 (598), Sch 2\\[5\\]; 2025 (452), Sch 3\\[5\\].","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Alterations or extensions to private health facilities—the Act, s 16","content":"#### 11 Alterations or extensions to private health facilities—the Act, s 16\n\n11 Alterations or extensions to private health facilities—the Act, s 16\n\n> For the Act, section 16(2)(b), the prescribed fee is $4,967.\n> \n> **s 11:** Am 2024 (598), Sch 2\\[5\\]; 2025 (452), Sch 3\\[5\\].","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Amendment of licence—the Act, s 17","content":"#### 12 Amendment of licence—the Act, s 17\n\n12 Amendment of licence—the Act, s 17\n\n> For the Act, section 17(2)(e), the prescribed fee is $4,967.\n> \n> **s 12:** Am 2024 (598), Sch 2\\[5\\]; 2025 (452), Sch 3\\[5\\].","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Application for review of Secretary’s decision—the Act, s 24","content":"#### 13 Application for review of Secretary’s decision—the Act, s 24\n\n13 Application for review of Secretary’s decision—the Act, s 24\n\n> For the Act, section 24(2)(b), the prescribed fee $4,967.\n> \n> **s 13:** Am 2024 (598), Sch 2\\[5\\]; 2025 (452), Sch 3\\[5\\].","sortOrder":16},{"sectionNumber":"Part 3","sectionType":"part","heading":"Conduct of private health facilities","content":"# Part 3 Conduct of private health facilities\n\nPart 3 Conduct of private health facilities","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Restriction on where cosmetic surgery may be performed—the Act, s 33A","content":"#### 14 Restriction on where cosmetic surgery may be performed—the Act, s 33A\n\n14 Restriction on where cosmetic surgery may be performed—the Act, s 33A\n\n> Cosmetic surgery must not be performed at a private health facility unless the private health facility is a cosmetic surgery class private health facility.","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Qualifications for director of nursing of facility—the Act, s 37","content":"#### 15 Qualifications for director of nursing of facility—the Act, s 37\n\n15 Qualifications for director of nursing of facility—the Act, s 37\n\n> For the Act, section 37(2), the minimum necessary qualifications are—\n> \n> > (a) 5 years of post-basic or post-graduate nursing experience, and\n> \n> > (b) 1 year of administrative experience in a position equivalent to, or more senior than, nursing unit manager in a private health facility or public hospital.","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Register of patients—the Act, s 38","content":"#### 16 Register of patients—the Act, s 38\n\n16 Register of patients—the Act, s 38\n\n> For the Act, section 38(4), a staff member of a private health facility must enter the following particulars in the register of patients—\n> \n> > (a) for particulars relating to a patient received at the facility—when the patient is admitted to the facility,\n> \n> > (b) for particulars relating to a patient separated from the facility—when the patient ceases to be a patient of the facility.","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Medical advisory committee—the Act, s 39","content":"#### 17 Medical advisory committee—the Act, s 39\n\n17 Medical advisory committee—the Act, s 39\n\n> > (1) For the Act, section 39(1), the licensee of a private health facility must appoint to the medical advisory committee for the facility at least 1 medical practitioner who does not have a pecuniary interest in the facility.\n> \n> > (2) In this section—\n> > \n> > pecuniary interest in a private health facility means an interest referred to in section 23(1).","sortOrder":21},{"sectionNumber":"Part 4","sectionType":"part","heading":"Response to incidents","content":"# Part 4 Response to incidents\n\nPart 4 Response to incidents","sortOrder":22},{"sectionNumber":"18","sectionType":"section","heading":"Reportable incident—the Act, ss 41 and 49H","content":"#### 18 Reportable incident—the Act, ss 41 and 49H\n\n18 Reportable incident—the Act, ss 41 and 49H\n\n> > (1) For the Act, section 41, definition of reportable incident, a reportable incident means an incident of a type set out in Appendix D of the Incident Management Policy published in Government Gazette No 292 of 30 October 2020.\n> \n> > (2) If a reportable incident occurs in a private health facility, the licensee must notify the Secretary of the incident no later than 2 business days after the day of the incident.\n> \n> > (3) A serious adverse event review team appointed under the Act, section 46 must provide an incident report in accordance with the Act, section 47 no later than 70 days after the day of the incident.","sortOrder":23},{"sectionNumber":"19","sectionType":"section","heading":"Serious adverse event review—the Act, s 41","content":"#### 19 Serious adverse event review—the Act, s 41\n\n19 Serious adverse event review—the Act, s 41\n\n> For the Act, section 41, definition of serious adverse event review, the following types of review are prescribed—\n> \n> > (a) NSW Health Concise Incident Analysis set out in Appendix E of the Incident Management Policy published in Government Gazette No 292 of 30 October 2020,\n> \n> > (b) NSW Health Comprehensive Incident Analysis set out in Appendix F of the Incident Management Policy published in Government Gazette No 292 of 30 October 2020,\n> \n> > (c) Systems Analysis of Clinical Incidents: The London Protocol published in August 2004 by Imperial College London.","sortOrder":24},{"sectionNumber":"20","sectionType":"section","heading":"Disclosure of assessor advice—the Act, s 45","content":"#### 20 Disclosure of assessor advice—the Act, s 45\n\n20 Disclosure of assessor advice—the Act, s 45\n\n> For the Act, section 45(1)(e), a licensee may disclose advice or information—\n> \n> > (a) to obtain legal advice, or\n> \n> > (b) to obtain legal representation, or\n> \n> > (c) to notify an insurer of an incident and to provide information in relation to an insurance claim.","sortOrder":25},{"sectionNumber":"21","sectionType":"section","heading":"Disclosure of information by incident reviewers—the Act, s 49D","content":"#### 21 Disclosure of information by incident reviewers—the Act, s 49D\n\n21 Disclosure of information by incident reviewers—the Act, s 49D\n\n> > (1) For the Act, section 49D(d), the information may be divulged or communicated to a committee for the purposes of research or an investigation that the committee is authorised to conduct under the [Health Administration Act 1982](/view/html/inforce/current/act-1982-135), section 23(1).\n> \n> > (2) In this section—\n> > \n> > committee means a council, committee or advisory body appointed under the [Health Administration Act 1982](/view/html/inforce/current/act-1982-135), section 20 and includes the following—\n> > \n> > > (a) the Special Committee Investigating Deaths Under Anaesthesia (SCIDUA),\n> > \n> > > (b) the Collaborating Hospitals Audit of Surgical Mortality (CHASM),\n> > \n> > > (c) the NSW Maternal and Perinatal Mortality Review Committee.","sortOrder":26},{"sectionNumber":"22","sectionType":"section","heading":"Notification of incidents and exchange of information—the Act, s 49H(g) and (h)","content":"#### 22 Notification of incidents and exchange of information—the Act, s 49H(g) and (h)\n\n22 Notification of incidents and exchange of information—the Act, s 49H(g) and (h)\n\n> A licensee of a private health facility (the original licensee) may notify an incident to, or exchange information with, another licensee, or a relevant health services organisation, if, in the opinion of the original licensee, the notification or exchange of information may assist—\n> \n> > (a) the other licensee to exercise a function under the Act, Part 4, or\n> \n> > (b) the relevant health services organisation to exercise a function under the [Health Administration Act 1982](/view/html/inforce/current/act-1982-135), Part 2A.","sortOrder":27},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"# Part 5 Miscellaneous\n\nPart 5 Miscellaneous","sortOrder":28},{"sectionNumber":"23","sectionType":"section","heading":"Pecuniary interests in private health facilities—the Act, s 58","content":"#### 23 Pecuniary interests in private health facilities—the Act, s 58\n\n23 Pecuniary interests in private health facilities—the Act, s 58\n\n> > (1) For the Act, section 58(4), the following interests are prescribed as pecuniary interests in a private health facility—\n> > \n> > > (a) an interest as a holder of the licence to conduct the facility,\n> > \n> > > (b) an interest in a corporation, other than a public company, that is the licensee of the facility,\n> > \n> > > (c) a holding of 5% or more of the issued share capital of a public company that is the licensee of the facility,\n> > \n> > > (d) a legal or equitable interest in the premises at which the facility is conducted,\n> > \n> > > (e) an interest in a corporation, other than a public company, that has a legal or equitable interest in the premises,\n> > \n> > > (f) a holding of 5% or more of the issued share capital of a public company that has a legal or equitable interest in the premises,\n> > \n> > > (g) an interest in clinical or administrative services provided to the facility, other than an interest in fees from medical or dental services provided to patients of the facility,\n> > \n> > > (h) an interest in a corporation, other than a public company, that has an interest in clinical or administrative services provided to the facility,\n> > \n> > > (i) a holding of 5% or more of the issued share capital of a public company that has an interest in clinical or administrative services provided to the facility.\n> \n> > (2) For the Act, section 58(5), a practitioner has a pecuniary interest in a private health facility if a relative of the practitioner has an interest of a kind referred to in subsection (1) in relation to the facility.\n> \n> > (3) In this section—\n> > \n> > relative, of a practitioner, means a spouse, de facto partner, parent, child or sibling of the practitioner.","sortOrder":29},{"sectionNumber":"24","sectionType":"section","heading":"Notification of pecuniary interests—the Act, s 58","content":"#### 24 Notification of pecuniary interests—the Act, s 58\n\n24 Notification of pecuniary interests—the Act, s 58\n\n> > (1) For the Act, section 58(2), a practitioner who is required to notify a person of the practitioner’s pecuniary interest in a private health facility must notify the person of the interest—\n> > \n> > > (a) by a statement made by the practitioner to the person, and\n> > \n> > > (b) by written notice given by the practitioner to the person, and\n> > \n> > > (c) by a notice displayed at the private health facility, and\n> > \n> > > (d) by a notice displayed in each office or other professional premises of the practitioner.\n> \n> > (2) The statement or notice must—\n> > \n> > > (a) include the full name of the practitioner to whom the notice relates, and\n> > \n> > > (b) identify the private health facility in which the practitioner has a pecuniary interest, and\n> > \n> > > (c) specify the nature and extent of the interest.\n> \n> > (3) A notice referred to in subsection (1)(c) or (d) must—\n> > \n> > > (a) be at least 2,500cm2, and\n> > \n> > > (b) contain text in plain, bold characters that are—\n> > > \n> > > > (i) at least 1cm high, and\n> > > \n> > > > (ii) of a colour that contrasts with the colour of the notice’s background, and\n> > \n> > > (c) for a notice referred to in subsection (1)(c)—be displayed conspicuously in—\n> > > \n> > > > (i) the waiting room, or\n> > > \n> > > > (ii) every room where the practitioner to whom the notice relates attends to patients or other persons, and\n> > \n> > > (d) for a notice referred to in subsection (1)(d)—be displayed conspicuously.","sortOrder":30},{"sectionNumber":"25","sectionType":"section","heading":"Display of licence—the Act, s 65(2)(a) and (3)","content":"#### 25 Display of licence—the Act, s 65(2)(a) and (3)\n\n25 Display of licence—the Act, s 65(2)(a) and (3)\n\n> The licensee of a private health facility must ensure at least 1 of the following is displayed conspicuously in the entrance foyer of the facility while the facility is conducted—\n> \n> > (a) the facility’s licence,\n> \n> > (b) the front page of the facility’s licence,\n> \n> > (c) a full-sized copy of the facility’s licence.\n> \n> Maximum penalty—5 penalty units.","sortOrder":31},{"sectionNumber":"26","sectionType":"section","heading":"Notifying Secretary of council orders—the Act, s 65(2)(d) and (3)","content":"#### 26 Notifying Secretary of council orders—the Act, s 65(2)(d) and (3)\n\n26 Notifying Secretary of council orders—the Act, s 65(2)(d) and (3)\n\n> > (1) This section applies if an order is made in relation to the premises of a private health facility under either of the following—\n> > \n> > > (a) the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), section 9.34,\n> > \n> > > (b) the [Local Government Act 1993](/view/html/inforce/current/act-1993-030), section 124.\n> \n> > (2) The licensee of the private health facility must, as soon as practicable after being made aware of the making of the order, ensure the Secretary is notified of the making of the order.\n> > \n> > Maximum penalty for subsection (2)—5 penalty units.","sortOrder":32},{"sectionNumber":"27","sectionType":"section","heading":"Information to be provided by licensees—the Act, s 65(2)(d) and (3)","content":"#### 27 Information to be provided by licensees—the Act, s 65(2)(d) and (3)\n\n27 Information to be provided by licensees—the Act, s 65(2)(d) and (3)\n\n> > (1) The licensee of a private health facility must, for each month, give the Secretary a statement (an encounter record statement) in accordance with this section.\n> > \n> > Maximum penalty—5 penalty units.\n> \n> > (2) The encounter record statement must—\n> > \n> > > (a) be in the form approved by the Secretary, and\n> > \n> > > (b) contain the information required to complete the statement in the approved form.\n> \n> > (3) The licensee must give the encounter record statement to the Secretary within 14 days after the end of the month to which the statement relates.","sortOrder":33},{"sectionNumber":"28","sectionType":"section","heading":"Repeal and savings","content":"#### 28 Repeal and savings\n\n28 Repeal and savings\n\n> > (1) The [Private Health Facilities Regulation 2017](/view/html/repealed/current/sl-2017-0483) is repealed.\n> \n> > (2) An act, matter or thing that, immediately before the repeal of the [Private Health Facilities Regulation 2017](/view/html/repealed/current/sl-2017-0483), had effect under that regulation continues to have effect under this regulation.","sortOrder":34},{"sectionNumber":"29","sectionType":"section","heading":"Transitional provision for cosmetic surgery involving fat transfer and liposuction","content":"#### 29 Transitional provision for cosmetic surgery involving fat transfer and liposuction\n\n29 Transitional provision for cosmetic surgery involving fat transfer and liposuction\n\n> A reference to 500mL of lipoaspirate in the following provisions is, until the beginning of 1 March 2025, taken to be a reference to 2.5 litres of lipoaspirate—\n> \n> > (a) Schedule 1, section 5(2), definition of cosmetic surgery, paragraphs (h) and (i),\n> \n> > (b) Schedule 3, section 23(2)(a) and (b).","sortOrder":35},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Classes of private health facilities","content":"# Schedule 1 Classes of private health facilities\n\nSchedule 1 Classes of private health facilities\n\nsection 5\n\n**sch 1:** Am 2024 (638), Sch 1\\[2\\].","sortOrder":36},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Licensing standards for all private health facilities","content":"# Schedule 2 Licensing standards for all private health facilities\n\nSchedule 2 Licensing standards for all private health facilities\n\nsection 6(1)","sortOrder":56},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Licensing standards for classes of private health facilities","content":"# Schedule 3 Licensing standards for classes of private health facilities\n\nSchedule 3 Licensing standards for classes of private health facilities\n\nsection 6(2)\n\n**sch 3:** Am 2024 (638), Sch 1\\[3\\].","sortOrder":84},{"sectionNumber":"Part 6","sectionType":"part","heading":"Emergency class private health facilities","content":"# Part 6 Emergency class private health facilities\n\nPart 6 Emergency class private health facilities","sortOrder":113},{"sectionNumber":"30","sectionType":"section","heading":"Clinical records","content":"#### 30 Clinical records\n\n30 Clinical records\n\n> > (1) A facility must have a clinical record for each patient at the facility.\n> \n> > (2) The clinical record must include the following—\n> > \n> > > (a) the date and time of the patient’s arrival,\n> > \n> > > (b) details of the patient’s presenting symptoms and condition,\n> > \n> > > (c) the triage category allocated when the patient is first assessed,\n> > \n> > > (d) details of significant clinical, laboratory and radiological findings,\n> > \n> > > (e) if the patient is treated—details of the treatment,\n> > \n> > > (f) if the patient is given follow-up directions—details of the directions,\n> > \n> > > (g) the date and time of the patient’s departure,\n> > \n> > > (h) the identity and signature of the attending medical officer.","sortOrder":120},{"sectionNumber":"31","sectionType":"section","heading":"Minimum accommodation requirements","content":"#### 31 Minimum accommodation requirements\n\n31 Minimum accommodation requirements\n\n> A facility must provide for the accommodation of patients who are admitted for more than 24 hours.","sortOrder":121},{"sectionNumber":"Part 7","sectionType":"part","heading":"Gastrointestinal endoscopy class private health facilities","content":"# Part 7 Gastrointestinal endoscopy class private health facilities\n\nPart 7 Gastrointestinal endoscopy class private health facilities","sortOrder":122},{"sectionNumber":"32","sectionType":"section","heading":"Application of part","content":"#### 32 Application of part\n\n32 Application of part\n\n> This part applies to a gastrointestinal endoscopy class private health facility.","sortOrder":123},{"sectionNumber":"33","sectionType":"section","heading":"Compliance with guidelines","content":"#### 33 Compliance with guidelines\n\n33 Compliance with guidelines\n\n> A facility must comply with the sedation and analgesia guidelines.","sortOrder":124},{"sectionNumber":"34","sectionType":"section","heading":"Disinfection of endoscopes","content":"#### 34 Disinfection of endoscopes\n\n34 Disinfection of endoscopes\n\n> Endoscopes used at a facility must be disinfected—\n> \n> > (a) using an automatic endoscope reprocessor or otherwise in accordance with the manufacturer’s instructions, and\n> \n> > (b) in an area that—\n> > \n> > > (i) has atmospheric extraction facilities, and\n> > \n> > > (ii) is next to the procedure room where the endoscope will be used.","sortOrder":125},{"sectionNumber":"35","sectionType":"section","heading":"Reprocessing of other equipment","content":"#### 35 Reprocessing of other equipment\n\n35 Reprocessing of other equipment\n\n> > (1) Instruments and other equipment used at a facility must be decontaminated, cleaned and reprocessed in accordance with—\n> > \n> > > (a) AS/NZS 4187:2003, Cleaning, disinfecting and sterilizing reusable medical and surgical instruments and equipment, and maintenance of associated environments in health care facilities, or\n> > \n> > > (b) AS/NZS 4187:2014, Reprocessing of reusable medical devices in health service organisations.\n> \n> > (2) The decontamination, cleaning and reprocessing of equipment and instruments used in a facility must be carried out by a staff member who has appropriate training and experience.","sortOrder":126},{"sectionNumber":"36","sectionType":"section","heading":"Minimum accommodation requirements","content":"#### 36 Minimum accommodation requirements\n\n36 Minimum accommodation requirements\n\n> A facility must provide for the accommodation of 1 or more of the following groups of patients—\n> \n> > (a) patients who are admitted for more than 24 hours,\n> \n> > (b) patients who are not discharged on the same day they are admitted, but are admitted for not more than 24 hours,\n> \n> > (c) patients who are admitted and discharged on the same day.","sortOrder":127},{"sectionNumber":"37","sectionType":"section","heading":"Accommodation standards","content":"#### 37 Accommodation standards\n\n37 Accommodation standards\n\n> > (1) A facility must comply with the overnight accommodation standards if the facility provides for the accommodation of patients who are admitted for more than 24 hours.\n> \n> > (2) A facility must comply with the extended recovery accommodation standards if the facility provides for the accommodation of patients who are not discharged on the same day they are admitted, but are admitted for not more than 24 hours.","sortOrder":128},{"sectionNumber":"Part 8","sectionType":"part","heading":"Intensive care (level 1 or level 2) class private health facilities","content":"# Part 8 Intensive care (level 1 or level 2) class private health facilities\n\nPart 8 Intensive care (level 1 or level 2) class private health facilities","sortOrder":129},{"sectionNumber":"38","sectionType":"section","heading":"Application of part","content":"#### 38 Application of part\n\n38 Application of part\n\n> This part applies to an intensive care (level 1 or level 2) class private health facility.","sortOrder":130},{"sectionNumber":"39","sectionType":"section","heading":"Staffing","content":"#### 39 Staffing\n\n39 Staffing\n\n> > (1) A facility must have—\n> > \n> > > (a) a medical practitioner appointed as director of the facility who has—\n> > > \n> > > > (i) for a level 1 facility—appropriate qualifications, or\n> > > \n> > > > (ii) for a level 2 facility—a recognised postgraduate qualification in intensive care, and\n> > \n> > > (b) for a level 1 facility—a medical practitioner on duty at the facility at all times, with priority for attendance on patients in the facility, and\n> > \n> > > (c) for a level 2 facility—a medical practitioner with an appropriate level of experience present in the facility at all times, and\n> > \n> > > (d) sufficient nursing staff on duty at all times, being—\n> > > \n> > > > (i) a nursing staff to patient ratio of at least 1:1 for critically ill patients, and\n> > > \n> > > > (ii) for a level 2 facility—a nursing staff at least 50% of whom are registered nurses with intensive care certification.\n> \n> > (2) In this section—\n> > \n> > level 1 facility means a level I unit within the meaning of the Minimum Standards for Intensive Care Units.\n> > \n> > level 2 facility means a level II unit within the meaning of the Minimum Standards for Intensive Care Units.","sortOrder":131},{"sectionNumber":"40","sectionType":"section","heading":"Minimum operating requirements","content":"#### 40 Minimum operating requirements\n\n40 Minimum operating requirements\n\n> A facility must comply with the requirements of the Minimum Standards for Intensive Care Units.","sortOrder":132},{"sectionNumber":"41","sectionType":"section","heading":"Minimum accommodation requirements","content":"#### 41 Minimum accommodation requirements\n\n41 Minimum accommodation requirements\n\n> A facility must provide for the accommodation of patients who are admitted for more than 24 hours.","sortOrder":133},{"sectionNumber":"42","sectionType":"section","heading":"Accommodation standards","content":"#### 42 Accommodation standards\n\n42 Accommodation standards\n\n> A facility must comply with the overnight accommodation standards.","sortOrder":134},{"sectionNumber":"Part 9","sectionType":"part","heading":"Interventional neuroradiology class private health facilities","content":"# Part 9 Interventional neuroradiology class private health facilities\n\nPart 9 Interventional neuroradiology class private health facilities","sortOrder":135},{"sectionNumber":"43","sectionType":"section","heading":"Application of part","content":"#### 43 Application of part\n\n43 Application of part\n\n> This part applies to an interventional neuroradiology class private health facility.","sortOrder":136},{"sectionNumber":"44","sectionType":"section","heading":"Minimum accommodation requirements","content":"#### 44 Minimum accommodation requirements\n\n44 Minimum accommodation requirements\n\n> A facility must provide for the accommodation of 1 or more of the following groups of patients—\n> \n> > (a) patients who are admitted for more than 24 hours,\n> \n> > (b) patients who are not discharged on the same day they are admitted, but are admitted for not more than 24 hours,\n> \n> > (c) patients who are admitted and discharged on the same day.","sortOrder":137},{"sectionNumber":"45","sectionType":"section","heading":"Accommodation standards","content":"#### 45 Accommodation standards\n\n45 Accommodation standards\n\n> > (1) A facility must comply with the overnight accommodation standards if the facility provides for the accommodation of patients who are admitted for more than 24 hours.\n> \n> > (2) A facility must comply with the extended recovery accommodation standards if the facility provides for the accommodation of patients who are not discharged on the same day they are admitted, but are admitted for not more than 24 hours.","sortOrder":138},{"sectionNumber":"Part 10","sectionType":"part","heading":"Maternity (level 1 or level 2) class private health facilities","content":"# Part 10 Maternity (level 1 or level 2) class private health facilities\n\nPart 10 Maternity (level 1 or level 2) class private health facilities","sortOrder":139},{"sectionNumber":"46","sectionType":"section","heading":"Application of part","content":"#### 46 Application of part\n\n46 Application of part\n\n> This part applies to a maternity (level 1 or level 2) class private health facility.","sortOrder":141},{"sectionNumber":"47","sectionType":"section","heading":"Definitions","content":"#### 47 Definitions\n\n47 Definitions\n\n> In this part—\n> \n> level 1 facility means a facility licensed to admit patients for maternity class procedures from 37 weeks completed gestation.\n> \n> level 2 facility means a facility licensed to admit patients for maternity class procedures from 34 weeks completed gestation, subject to section 48(3).\n> \n> maternity and neonatal service capability guideline means the NSW Health guideline Maternity and Neonatal Service Capability published on 20 May 2022.","sortOrder":142},{"sectionNumber":"48","sectionType":"section","heading":"Term of pregnancy","content":"#### 48 Term of pregnancy\n\n48 Term of pregnancy\n\n> > (1) A level 1 facility must not admit a patient for maternity class procedures before 37 weeks completed gestation.\n> \n> > (2) A level 2 facility must not admit a patient for maternity class procedures before 34 weeks completed gestation other than under subsection (3).\n> \n> > (3) A level 2 facility may admit a patient for maternity class procedures before 34 weeks completed gestation, but not before 32 weeks completed gestation, if—\n> > \n> > > (a) the facility is also licensed as a neonatal class private health facility, and\n> > \n> > > (b) the facility’s licence is subject to a condition to the effect that the facility must have, in the Secretary’s opinion, appropriate support services, infrastructure and staff with clinical expertise to provide maternity class procedures to patients who have completed between 32 and 34 weeks gestation, and\n> > \n> > > (c) the facility has a written policy, developed having regard to the provisions of the maternity and neonatal service capability guideline, that addresses the following—\n> > > \n> > > > (i) clinical governance, including competence and credentialling of staff,\n> > > \n> > > > (ii) quality and safety processes,\n> > > \n> > > > (iii) service requirements, including consultation, escalation, transfer and education.","sortOrder":144},{"sectionNumber":"49","sectionType":"section","heading":"Normal risk pregnancies","content":"#### 49 Normal risk pregnancies\n\n49 Normal risk pregnancies\n\n> > (1) A facility must have support services, infrastructure and staff with appropriate clinical expertise to provide care for normal risk pregnancies, including the following—\n> > \n> > > (a) obstetricians, anaesthetists and a paediatrician on call at all times,\n> > \n> > > (b) a medical practitioner at the facility at all times,\n> > \n> > > (c) experienced midwives on duty at all times,\n> > \n> > > (d) established links with clinical nurse consultants or clinical nurse educators in midwifery and neonatal nursing.\n> \n> > (2) Subsection (1)(b) and (c) do not apply to the Birthing on Country demonstration facility within the meaning of Division 3.","sortOrder":145},{"sectionNumber":"50","sectionType":"section","heading":"Additional risk pregnancies","content":"#### 50 Additional risk pregnancies\n\n50 Additional risk pregnancies\n\n> > (1) A level 1 facility must not admit a maternity patient with an additional risk pregnancy.\n> \n> > (2) A level 2 facility must not admit a maternity patient with an additional risk pregnancy unless—\n> > \n> > > (a) the medical advisory committee is satisfied the facility is able to provide appropriate care for the patient, having regard to risk factors relevant to the patient, and\n> > \n> > > (b) the facility has appropriate support services and infrastructure and staff with clinical expertise relevant to the risk factors of the patient, including—\n> > > \n> > > > (i) obstetricians, anaesthetists and a paediatrician on call at all times, and\n> > > \n> > > > (ii) a medical practitioner at the facility at all times, and\n> > > \n> > > > (iii) experienced midwives on duty at all times, and\n> > > \n> > > > (iv) established links with clinical nurse consultants or clinical nurse educators in midwifery and neonatal nursing, and\n> > > \n> > > > (v) a special care nursery.","sortOrder":146},{"sectionNumber":"51","sectionType":"section","heading":"Accommodation of neonates","content":"#### 51 Accommodation of neonates\n\n51 Accommodation of neonates\n\n> A facility must have appropriate accommodation and procedures to manage healthy neonates and neonates with minimal complications.","sortOrder":147},{"sectionNumber":"52","sectionType":"section","heading":"Patient transfer","content":"#### 52 Patient transfer\n\n52 Patient transfer\n\n> > (1) A facility must have procedures in place to transfer patients requiring a higher level of care than the facility provides, including procedures—\n> > \n> > > (a) for the transfer of patients in premature labour, and\n> > \n> > > (b) for the resuscitation and stabilisation of neonates before their transfer.\n> \n> > (2) The procedures must be—\n> > \n> > > (a) reviewed at least once every 3 years, and\n> > \n> > > (b) submitted to the medical advisory committee for approval.\n> \n> > (3) In this section—\n> > \n> > patient in premature labour means a patient who is in labour but who has not completed the number of weeks gestation required for admission to the facility.","sortOrder":148},{"sectionNumber":"53","sectionType":"section","heading":"Birth register","content":"#### 53 Birth register\n\n53 Birth register\n\n> > (1) A facility must keep a birth register.\n> \n> > (2) The birth register must contain details of every child born at the facility, including the following—\n> > \n> > > (a) the mother’s full name and clinical record number,\n> > \n> > > (b) the date and time of the child’s birth,\n> > \n> > > (c) the sex of the child,\n> > \n> > > (d) whether the child was born alive,\n> > \n> > > (e) the method of delivery,\n> > \n> > > (f) the names of midwives and medical practitioners present at the birth.\n> \n> > (3) The details of a child’s birth must be kept in the birth register for at least 25 years after the child’s birth.","sortOrder":149},{"sectionNumber":"54","sectionType":"section","heading":"Minimum accommodation requirements","content":"#### 54 Minimum accommodation requirements\n\n54 Minimum accommodation requirements\n\n> A facility must provide for the accommodation of patients who are admitted for more than 24 hours.","sortOrder":150},{"sectionNumber":"55","sectionType":"section","heading":"Accommodation standards","content":"#### 55 Accommodation standards\n\n55 Accommodation standards\n\n> A facility must comply with the overnight accommodation standards.","sortOrder":151},{"sectionNumber":"Division 3","sectionType":"division","heading":"Birthing on Country demonstration facility","content":"## Division 3 Birthing on Country demonstration facility\n\nDivision 3 Birthing on Country demonstration facility","sortOrder":152},{"sectionNumber":"56","sectionType":"section","heading":"Definition","content":"#### 56 Definition\n\n56 Definition\n\n> In this division—\n> \n> Birthing on Country demonstration facility means the level 1 facility that has an agreement with the Illawarra Shoalhaven Local Health District for—\n> \n> > (a) support for the delivery of maternity care within the facility, and\n> \n> > (b) the transfer and admission of patients to a hospital operated by the local health district.","sortOrder":153},{"sectionNumber":"57","sectionType":"section","heading":"One Birthing on Country demonstration facility","content":"#### 57 One Birthing on Country demonstration facility\n\n57 One Birthing on Country demonstration facility\n\n> > (1) The Birthing on Country demonstration facility must be located only in the area served by the Illawarra Shoalhaven Local Health District.\n> \n> > (2) There must not be more than 1 Birthing on Country demonstration facility at any time.","sortOrder":154},{"sectionNumber":"58","sectionType":"section","heading":"Additional requirements for Birthing on Country demonstration facility","content":"#### 58 Additional requirements for Birthing on Country demonstration facility\n\n58 Additional requirements for Birthing on Country demonstration facility\n\n> > (1) The Birthing on Country demonstration facility must—\n> > \n> > > (a) have an endorsed midwife on duty at the facility at all times while a patient is admitted to the facility for maternity care, and\n> > \n> > > (b) have at least 1 additional endorsed midwife on call at all times, and\n> > \n> > > (c) have a written policy for the delivery of a Birthing on Country model of maternity care, and\n> > \n> > > (d) have a written policy, developed having regard to the provisions of the maternity and neonatal service capability guideline, that address the following—\n> > > \n> > > > (i) clinical governance, including competence and credentialling of staff,\n> > > \n> > > > (ii) quality and safety processes,\n> > > \n> > > > (iii) service requirements, including consultation, escalation, transfer and education, and\n> > \n> > > (e) comply with the National Midwifery Guidelines for Consultation and Referral, 4th edition, published by the Australian College of Midwives, and\n> > \n> > > (f) ensure all midwives providing services at the facility have skills and experience in the following—\n> > > \n> > > > (i) the repair of perineal tears, other than third and fourth degree perineal tears,\n> > > \n> > > > (ii) the management of obstetric emergencies and neonatal emergencies.\n> \n> > (2) In this section—\n> > \n> > endorsed midwife means a midwife whose registration is endorsed under the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a), section 94.\n> > \n> > perineal tear and third and fourth degree perineal tear have the same meanings as in the Third and Fourth Degree Perineal Tears Clinical Care Standard published by the Australian Commission on Safety and Quality in Health Care in April 2021.","sortOrder":155},{"sectionNumber":"59","sectionType":"section","heading":"Modification of Schedule 2 for Birthing on Country demonstration facility","content":"#### 59 Modification of Schedule 2 for Birthing on Country demonstration facility\n\n59 Modification of Schedule 2 for Birthing on Country demonstration facility\n\n> For the Birthing on Country demonstration facility—\n> \n> > (a) a reference in Schedule 2, section 11 to nursing staff must be read as a reference to midwifery staff, and\n> \n> > (b) a reference in Schedule 2, section 18 to a registered nurse must be read as a reference to a midwife practising at the Birthing on Country demonstration facility.","sortOrder":156},{"sectionNumber":"Part 11","sectionType":"part","heading":"Medical class private health facilities","content":"# Part 11 Medical class private health facilities\n\nPart 11 Medical class private health facilities","sortOrder":157},{"sectionNumber":"60","sectionType":"section","heading":"Application of part","content":"#### 60 Application of part\n\n60 Application of part\n\n> This part applies to a medical class private health facility.","sortOrder":158},{"sectionNumber":"61","sectionType":"section","heading":"Minimum accommodation requirements","content":"#### 61 Minimum accommodation requirements\n\n61 Minimum accommodation requirements\n\n> A facility must provide for the accommodation of patients who are admitted for more than 24 hours.","sortOrder":159},{"sectionNumber":"62","sectionType":"section","heading":"Accommodation standards","content":"#### 62 Accommodation standards\n\n62 Accommodation standards\n\n> A facility must comply with the overnight accommodation standards.","sortOrder":160},{"sectionNumber":"Part 12","sectionType":"part","heading":"Mental health class private health facilities","content":"# Part 12 Mental health class private health facilities\n\nPart 12 Mental health class private health facilities","sortOrder":161},{"sectionNumber":"63","sectionType":"section","heading":"Application of part","content":"#### 63 Application of part\n\n63 Application of part\n\n> This part applies to a mental health class private health facility.","sortOrder":162},{"sectionNumber":"64","sectionType":"section","heading":"Design and construction","content":"#### 64 Design and construction\n\n64 Design and construction\n\n> A part of a facility used to provide mental health care must be designed to meet the needs of mentally ill and mentally disordered persons, within the meaning of the [Mental Health Act 2007](/view/html/inforce/current/act-2007-008), including—\n> \n> > (a) appropriate arrangements for patient safety and protection, and\n> \n> > (b) areas for observation of patients, and\n> \n> > (c) accommodation providing personal privacy, consistent with the care being provided.","sortOrder":163},{"sectionNumber":"65","sectionType":"section","heading":"Electro convulsive therapy","content":"#### 65 Electro convulsive therapy\n\n65 Electro convulsive therapy\n\n> A facility at which electro convulsive therapy is administered must—\n> \n> > (a) have treatment and recovery areas set aside for that purpose, and\n> \n> > (b) also be licensed as an anaesthesia class private health facility, and\n> \n> > (c) have procedures in place to ensure compliance with—\n> > \n> > > (i) the [Mental Health Act 2007](/view/html/inforce/current/act-2007-008), Chapter 4, Part 2, Division 3, and\n> > \n> > > (ii) Electroconvulsive Therapy: ECT Minimum Standard of Practice in NSW published by the Ministry of Health in January 2011.","sortOrder":164},{"sectionNumber":"66","sectionType":"section","heading":null,"content":"#### 66\n\n66 (Repealed)","sortOrder":165},{"sectionNumber":"67","sectionType":"section","heading":"Conduct of facilities","content":"#### 67 Conduct of facilities\n\n67 Conduct of facilities\n\n> > (1) A facility must have—\n> > \n> > > (a) a written policy on providing psychiatric services, including a statement of the facility’s philosophy of service, which must be consistent with the principles specified in the [Mental Health Act 2007](/view/html/inforce/current/act-2007-008), section 68 for the care and treatment of people with a mental illness or mental disorder, and\n> > \n> > > (b) written policies and procedures for—\n> > > \n> > > > (i) supporting the functions of the Mental Health Review Tribunal constituted under the [Mental Health Act 2007](/view/html/inforce/current/act-2007-008), and\n> > > \n> > > > (ii) supporting the functions of official visitors and authorised officers, and\n> > > \n> > > > (iii) supporting the administration of the [Guardianship Act 1987](/view/html/inforce/current/act-1987-257), and\n> > > \n> > > > (iv) managing patients’ trust funds, and\n> > \n> > > (c) clear written criteria and assessment procedures for admitting inpatients and outpatients to psychiatric programs, and\n> > \n> > > (d) a written treatment plan for each patient that—\n> > > \n> > > > (i) is based on the assessment of the patient, and\n> > > \n> > > > (ii) provides for the patient’s discharge, continuing care and review, and\n> > \n> > > (e) access at all times to a psychiatrist, and\n> > \n> > > (f) access to a general practitioner and relevant specialists for consultation, and\n> > \n> > > (g) sufficient registered nurses with appropriate psychiatric qualifications or experience on duty at all times.\n> \n> > (2) The policies and procedures referred to in subsection (1) must be complied with.\n> \n> > (3) In this section—\n> > \n> > authorised officer means an authorised officer appointed under the [Health Services Act 1997](/view/html/inforce/current/act-1997-154), section 124.\n> > \n> > Note—\n> > \n> > See also the [Mental Health Act 2007](/view/html/inforce/current/act-2007-008), Chapter 5, Part 4.\n> > \n> > official visitor means an official visitor appointed under the [Mental Health Act 2007](/view/html/inforce/current/act-2007-008), Chapter 5, Part 3.","sortOrder":166},{"sectionNumber":"68","sectionType":"section","heading":"Telephone access","content":"#### 68 Telephone access\n\n68 Telephone access\n\n> A facility must have on each floor used to provide mental health care at least 1 telephone that patients and their next of kin may use for incoming and outgoing calls.","sortOrder":167},{"sectionNumber":"69","sectionType":"section","heading":"Visiting hours","content":"#### 69 Visiting hours\n\n69 Visiting hours\n\n> > (1) Patients in a facility must be allowed to receive visitors at a reasonable time.\n> \n> > (2) However, if necessary for the care of a patient, a medical practitioner or the senior nurse on duty may—\n> > \n> > > (a) restrict the hours for visiting the patient and, if necessary, other patients in the same ward, and\n> > \n> > > (b) restrict the number of persons who may visit the patient at one time.","sortOrder":168},{"sectionNumber":"70","sectionType":"section","heading":"Minimum accommodation requirements","content":"#### 70 Minimum accommodation requirements\n\n70 Minimum accommodation requirements\n\n> A facility must provide for the accommodation of patients who are admitted for more than 24 hours.","sortOrder":169},{"sectionNumber":"71","sectionType":"section","heading":"Accommodation standards","content":"#### 71 Accommodation standards\n\n71 Accommodation standards\n\n> A facility must comply with the overnight accommodation standards.","sortOrder":170},{"sectionNumber":"Part 13","sectionType":"part","heading":"Neonatal class private health facilities","content":"# Part 13 Neonatal class private health facilities\n\nPart 13 Neonatal class private health facilities","sortOrder":171},{"sectionNumber":"72","sectionType":"section","heading":"Application of part","content":"#### 72 Application of part\n\n72 Application of part\n\n> This part applies to a neonatal class private health facility.","sortOrder":172},{"sectionNumber":"73","sectionType":"section","heading":"Accommodation of neonates","content":"#### 73 Accommodation of neonates\n\n73 Accommodation of neonates\n\n> A facility must have appropriate accommodation and procedures to manage healthy neonates, neonates with minimal complications and recovering neonates, including a neonatal intensive care unit.","sortOrder":173},{"sectionNumber":"74","sectionType":"section","heading":"Transfer of neonates","content":"#### 74 Transfer of neonates\n\n74 Transfer of neonates\n\n> > (1) A facility must have written procedures for the transfer of neonates requiring a higher level of care than the facility provides.\n> \n> > (2) The procedures must provide for the resuscitation and stabilisation of neonates before their transfer.\n> \n> > (3) The procedures must be—\n> > \n> > > (a) reviewed at least once every 3 years, and\n> > \n> > > (b) submitted to the medical advisory committee for approval.","sortOrder":174},{"sectionNumber":"75","sectionType":"section","heading":"Minimum accommodation requirements","content":"#### 75 Minimum accommodation requirements\n\n75 Minimum accommodation requirements\n\n> A facility must provide for the accommodation of patients who are admitted for more than 24 hours.","sortOrder":175},{"sectionNumber":"76","sectionType":"section","heading":"Accommodation standards","content":"#### 76 Accommodation standards\n\n76 Accommodation standards\n\n> A facility must comply with the overnight accommodation standards.","sortOrder":176},{"sectionNumber":"Part 14","sectionType":"part","heading":"Paediatric class private health facilities","content":"# Part 14 Paediatric class private health facilities\n\nPart 14 Paediatric class private health facilities","sortOrder":177},{"sectionNumber":"77","sectionType":"section","heading":"Application of part","content":"#### 77 Application of part\n\n77 Application of part\n\n> This part applies to a paediatric class private health facility.","sortOrder":178},{"sectionNumber":"78","sectionType":"section","heading":"Admission policy","content":"#### 78 Admission policy\n\n78 Admission policy\n\n> > (1) A facility must have a written policy for determining whether a paediatric patient may be admitted to the facility.\n> \n> > (2) The policy must provide for the following—\n> > \n> > > (a) the age of paediatric patients who may be admitted to the facility,\n> > \n> > > (b) the types of procedures that may be performed on, and treatments that may be given to, paediatric patients,\n> > \n> > > (c) the maximum period for which a paediatric patient may be admitted,\n> > \n> > > (d) the maximum number of paediatric patients who may be admitted to the facility at one time,\n> > \n> > > (e) the facilities that are available for the care and treatment of paediatric patients.\n> \n> > (3) The policy must be—\n> > \n> > > (a) reviewed at least once every 3 years, and\n> > \n> > > (b) submitted to the medical advisory committee for approval.","sortOrder":179},{"sectionNumber":"79","sectionType":"section","heading":"Visitor policy","content":"#### 79 Visitor policy\n\n79 Visitor policy\n\n> A facility must have a written visitor policy that—\n> \n> > (a) allows a person who has the care of a paediatric patient to access the patient at all times, except while the patient is undergoing surgery, and\n> \n> > (b) allows a person who has the care of a paediatric patient to access a patient undergoing surgery while the patient is in pre-anaesthesia or recovery unless, in the opinion of the medical practitioner responsible for the patient’s treatment, it would not be in the patient’s best interests, and\n> \n> > (c) ensures resources are made available to allow a person who has the care of a paediatric patient to remain at the facility during the patient’s stay at the facility.","sortOrder":180},{"sectionNumber":"80","sectionType":"section","heading":"Patient transfer","content":"#### 80 Patient transfer\n\n80 Patient transfer\n\n> > (1) A facility must have procedures in place that provide for the transfer of patients who require care or treatment not provided by the facility.\n> \n> > (2) The procedures must be—\n> > \n> > > (a) reviewed at least once every 3 years, and\n> > \n> > > (b) submitted to the medical advisory committee for approval.","sortOrder":181},{"sectionNumber":"81","sectionType":"section","heading":"Minimum operating requirements","content":"#### 81 Minimum operating requirements\n\n81 Minimum operating requirements\n\n> While a paediatric patient is admitted to a facility, the facility must have—\n> \n> > (a) a paediatric physician available for consultation, and\n> \n> > (b) a registered nurse on duty who has appropriate paediatric experience or qualifications, and\n> \n> > (c) for a paediatric patient less than 12 months of age—microchemistry available for analysis of capillary blood specimens.","sortOrder":182},{"sectionNumber":"82","sectionType":"section","heading":"Minimum accommodation requirements","content":"#### 82 Minimum accommodation requirements\n\n82 Minimum accommodation requirements\n\n> A facility must provide for the accommodation of 1 or more of the following groups of patients—\n> \n> > (a) patients who are admitted for more than 24 hours,\n> \n> > (b) patients who are not discharged on the same day they are admitted, but are admitted for not more than 24 hours,\n> \n> > (c) patients who are admitted and discharged on the same day.","sortOrder":183},{"sectionNumber":"83","sectionType":"section","heading":"Accommodation standards","content":"#### 83 Accommodation standards\n\n83 Accommodation standards\n\n> > (1) A facility must comply with the overnight accommodation standards if the facility provides for the accommodation of patients who are admitted for more than 24 hours.\n> \n> > (2) A facility must comply with the extended recovery accommodation standards if the facility provides for the accommodation of patients who are not discharged on the same day they are admitted, but are admitted for not more than 24 hours.","sortOrder":184},{"sectionNumber":"Part 15","sectionType":"part","heading":"Radiotherapy class private health facilities","content":"# Part 15 Radiotherapy class private health facilities\n\nPart 15 Radiotherapy class private health facilities","sortOrder":185},{"sectionNumber":"84","sectionType":"section","heading":"Application of part","content":"#### 84 Application of part\n\n84 Application of part\n\n> This part applies to a radiotherapy class private health facility.","sortOrder":186},{"sectionNumber":"85","sectionType":"section","heading":"Conduct of facilities","content":"#### 85 Conduct of facilities\n\n85 Conduct of facilities\n\n> A facility must—\n> \n> > (a) maintain the facility’s radiotherapy equipment in good working order, and\n> \n> > (b) maintain a system for independent dosimetry auditing of linear accelerators, and\n> \n> > (c) have a written policy on providing radiotherapy services as part of a multidisciplinary approach to patient care, including specific provisions about—\n> > \n> > > (i) consultation, and\n> > \n> > > (ii) referral, and\n> > \n> > > (iii) links to other relevant services for the patient, including medical oncology, surgical services, clinical haematology, palliative care and clinical support services, and\n> \n> > (d) have sufficient appropriate practitioners for the services provided, including radiation therapists, radiation oncologists, medical physicists and other relevant specialists for consultation.","sortOrder":187},{"sectionNumber":"86","sectionType":"section","heading":"Minimum accommodation requirements","content":"#### 86 Minimum accommodation requirements\n\n86 Minimum accommodation requirements\n\n> A facility must provide for the accommodation of 1 or more of the following groups of patients—\n> \n> > (a) patients who are admitted for more than 24 hours,\n> \n> > (b) patients who are not discharged on the same day they are admitted, but are admitted for not more than 24 hours,\n> \n> > (c) patients who are admitted and discharged on the same day.","sortOrder":188},{"sectionNumber":"87","sectionType":"section","heading":"Accommodation standards","content":"#### 87 Accommodation standards\n\n87 Accommodation standards\n\n> > (1) A facility must comply with the overnight accommodation standards if the facility provides for the accommodation of patients who are admitted for more than 24 hours.\n> \n> > (2) A facility must comply with the extended recovery accommodation standards if the facility provides for the accommodation of patients who are not discharged on the same day they are admitted, but are admitted for not more than 24 hours.","sortOrder":189},{"sectionNumber":"Part 16","sectionType":"part","heading":"Rapid opioid detoxification class private health facilities","content":"# Part 16 Rapid opioid detoxification class private health facilities\n\nPart 16 Rapid opioid detoxification class private health facilities","sortOrder":190},{"sectionNumber":"88","sectionType":"section","heading":"Application of part","content":"#### 88 Application of part\n\n88 Application of part\n\n> This part applies to a rapid opioid detoxification class private health facility.","sortOrder":191},{"sectionNumber":"89","sectionType":"section","heading":"Compliance with guidelines","content":"#### 89 Compliance with guidelines\n\n89 Compliance with guidelines\n\n> A facility must comply with the NSW Clinical Guidelines: Treatment of Opioid Dependence—2018 published by the Ministry of Health in September 2018.","sortOrder":192},{"sectionNumber":"90","sectionType":"section","heading":"Patient transfer","content":"#### 90 Patient transfer\n\n90 Patient transfer\n\n> > (1) A facility must have access to an intensive care (level 1 or level 2) class private health facility or a public hospital to which a patient may be transferred for intensive care in less than 30 minutes.\n> \n> > (2) A facility that is not also licensed as an intensive care (level 1 or level 2) class private health facility must have—\n> > \n> > > (a) written procedures in place that provide for the transfer of a patient in less than 30 minutes to an intensive care (level 1 or level 2) class private health facility or a public hospital if the patient requires a higher level of care than the facility provides, and\n> > \n> > > (b) an appropriately equipped vehicle, that is available while rapid opioid detoxification is carried out, to transfer a patient to an intensive care (level 1 or level 2) class private health facility.","sortOrder":193},{"sectionNumber":"91","sectionType":"section","heading":"Staffing","content":"#### 91 Staffing\n\n91 Staffing\n\n> > (1) A facility must have—\n> > \n> > > (a) a medical practitioner who has experience in opioid treatment and managing detoxification, including severe withdrawal management, on staff or on call at all times, and\n> > \n> > > (b) a medical practitioner on duty for 4 hours after an induction procedure is carried out on a patient, and\n> > \n> > > (c) a medical practitioner on duty or on call between 4 hours and 48 hours after an induction procedure is carried out on a patient.\n> \n> > (2) A facility must have sufficient nursing staff on duty at all times, including—\n> > \n> > > (a) a nursing staff to patient ratio of at least 1:2 for 8 hours after an induction procedure is carried out on a patient, and\n> > \n> > > (b) a nursing staff to patient ratio of at least 1:4 between 8 hours and 24 hours after an induction procedure is carried out on a patient.","sortOrder":194},{"sectionNumber":"92","sectionType":"section","heading":"Minimum accommodation requirements","content":"#### 92 Minimum accommodation requirements\n\n92 Minimum accommodation requirements\n\n> A facility must provide for the accommodation of patients who are admitted for more than 24 hours.","sortOrder":195},{"sectionNumber":"93","sectionType":"section","heading":"Accommodation standards","content":"#### 93 Accommodation standards\n\n93 Accommodation standards\n\n> A facility must comply with the overnight accommodation standards.","sortOrder":196},{"sectionNumber":"Part 17","sectionType":"part","heading":"Rehabilitation class private health facilities","content":"# Part 17 Rehabilitation class private health facilities\n\nPart 17 Rehabilitation class private health facilities","sortOrder":197},{"sectionNumber":"94","sectionType":"section","heading":"Application of part","content":"#### 94 Application of part\n\n94 Application of part\n\n> This part applies to a rehabilitation class private health facility.","sortOrder":198},{"sectionNumber":"95","sectionType":"section","heading":"Conduct of facilities","content":"#### 95 Conduct of facilities\n\n95 Conduct of facilities\n\n> A facility must—\n> \n> > (a) have a written policy on providing rehabilitation services, including—\n> > \n> > > (i) a statement of the facility’s philosophy of service, and\n> > \n> > > (ii) details of links with community-based services to ensure continuity and coordination of patient care, and\n> \n> > (b) have clear written criteria and assessment procedures for admitting inpatients and outpatients to rehabilitation programs, and\n> \n> > (c) have a written rehabilitation plan for each patient that—\n> > \n> > > (i) is based on an assessment of the patient, and\n> > \n> > > (ii) states the needs and limitations of the patient and the goals of the rehabilitation plan, and\n> > \n> > > (iii) is prepared by a multidisciplinary team with the active participation of the patient’s family, and\n> > \n> > > (iv) provides for the patient’s discharge, continuing care and review, and\n> \n> > (d) have procedures for regularly evaluating the progress of a patient against the patient’s rehabilitation plan, and\n> \n> > (e) have a formal and planned discharge procedure, and\n> \n> > (f) provide for regular case management meetings involving the treating medical practitioner and appropriate therapists to review individual rehabilitation plans, and\n> \n> > (g) have specialists for consultation, and\n> \n> > (h) have sufficient appropriate therapists for the services provided, and\n> \n> > (i) have sufficient registered nurses with appropriate rehabilitation qualifications or experience on duty at all times, and\n> \n> > (j) if a patient with brain impairment is being treated—have access to the services of a neuropsychologist, and\n> \n> > (k) if a patient with chronic pain is being treated—have access to the services of a clinical psychologist.","sortOrder":199},{"sectionNumber":"96","sectionType":"section","heading":"Clinical records","content":"#### 96 Clinical records\n\n96 Clinical records\n\n> The clinical record of a patient in a facility must include the following—\n> \n> > (a) a clear statement by the treating medical practitioner—\n> > \n> > > (i) explaining why the patient is receiving rehabilitation, and\n> > \n> > > (ii) that is consistent with the policies, procedures and plans referred to in this schedule, section 94,\n> \n> > (b) a rehabilitation plan based on the assessment of the patient,\n> \n> > (c) a record of each evaluation of the patient’s progress,\n> \n> > (d) a discharge plan.","sortOrder":200},{"sectionNumber":"97","sectionType":"section","heading":"Minimum accommodation requirements","content":"#### 97 Minimum accommodation requirements\n\n97 Minimum accommodation requirements\n\n> A facility must provide for the accommodation of patients who are admitted for more than 24 hours.","sortOrder":201},{"sectionNumber":"98","sectionType":"section","heading":"Accommodation standards","content":"#### 98 Accommodation standards\n\n98 Accommodation standards\n\n> A facility must comply with the overnight accommodation standards.","sortOrder":202},{"sectionNumber":"Part 18","sectionType":"part","heading":"Renal dialysis class private health facilities","content":"# Part 18 Renal dialysis class private health facilities\n\nPart 18 Renal dialysis class private health facilities","sortOrder":203},{"sectionNumber":"99","sectionType":"section","heading":"Application of part","content":"#### 99 Application of part\n\n99 Application of part\n\n> This part applies to a renal dialysis class private health facility.","sortOrder":204},{"sectionNumber":"100","sectionType":"section","heading":"Design and construction","content":"#### 100 Design and construction\n\n100 Design and construction\n\n> A part of a building used for a facility must comply with the requirements for class 5 buildings in the Building Code of Australia, as in force—\n> \n> > (a) on the issue of the licence for the facility, or\n> \n> > (b) if a later date is specified in the licence—on the later date.","sortOrder":205},{"sectionNumber":"101","sectionType":"section","heading":"Minimum accommodation requirements","content":"#### 101 Minimum accommodation requirements\n\n101 Minimum accommodation requirements\n\n> A facility must provide for the accommodation of 1 or more of the following groups of patients—\n> \n> > (a) patients who are admitted for more than 24 hours,\n> \n> > (b) patients who are not discharged on the same day they are admitted, but are admitted for not more than 24 hours,\n> \n> > (c) patients who are admitted and discharged on the same day.","sortOrder":206},{"sectionNumber":"102","sectionType":"section","heading":"Accommodation standards","content":"#### 102 Accommodation standards\n\n102 Accommodation standards\n\n> > (1) A facility must comply with the overnight accommodation standards if the facility provides for the accommodation of patients who are admitted for more than 24 hours.\n> \n> > (2) A facility must comply with the extended recovery accommodation standards if the facility provides for the accommodation of patients who are not discharged on the same day they are admitted, but are admitted for not more than 24 hours.","sortOrder":207},{"sectionNumber":"Part 19","sectionType":"part","heading":"Surgical class private health facilities","content":"# Part 19 Surgical class private health facilities\n\nPart 19 Surgical class private health facilities","sortOrder":208},{"sectionNumber":"103","sectionType":"section","heading":"Application of part","content":"#### 103 Application of part\n\n103 Application of part\n\n> This part applies to a surgical class private health facility.","sortOrder":209},{"sectionNumber":"104","sectionType":"section","heading":"Concurrent licensing","content":"#### 104 Concurrent licensing\n\n104 Concurrent licensing\n\n> A facility must also be licensed as an anaesthesia class private health facility.","sortOrder":210},{"sectionNumber":"105","sectionType":"section","heading":"Procedure register","content":"#### 105 Procedure register\n\n105 Procedure register\n\n> > (1) A facility must keep a procedure register.\n> \n> > (2) The procedure register must contain details of every surgical procedure carried out at the facility, including the following—\n> > \n> > > (a) the patient’s full name and medical record number,\n> > \n> > > (b) the name of the procedure,\n> > \n> > > (c) the names of surgeons, surgical assistants, anaesthetists and scrub nurses involved in the procedure,\n> > \n> > > (d) the anaesthetic administered,\n> > \n> > > (e) the date, time and place of the procedure.","sortOrder":211},{"sectionNumber":"106","sectionType":"section","heading":"Clinical records","content":"#### 106 Clinical records\n\n106 Clinical records\n\n> > (1) A facility must have a clinical record for each patient at the facility on whom a surgical class procedure is carried out.\n> \n> > (2) The clinical record must include the following—\n> > \n> > > (a) if anaesthesia is administered—the anaesthetic record, which must comply with the PG06(A) Guideline on the anaesthesia record published by the Australian and New Zealand College of Anaesthetists in 2020,\n> > \n> > > (b) the procedural report for the surgical procedure carried out on the patient, including pre-procedural and post-procedural diagnoses, and a description of the findings, technique used and tissue removed or altered,\n> > \n> > > (c) if the patient’s tissue or body fluid is removed—a pathological report on the tissue or body fluid,\n> > \n> > > (d) a record of the swab, sponge and instrument count,\n> > \n> > > (e) the post-procedural recovery record.","sortOrder":212},{"sectionNumber":"107","sectionType":"section","heading":"Specialist equipment","content":"#### 107 Specialist equipment\n\n107 Specialist equipment\n\n> A facility must have the following equipment available in each room in which a surgical class procedure is carried out—\n> \n> > (a) adequate equipment and instruments for elective use,\n> \n> > (b) sterile instrument sets available for emergency procedures.","sortOrder":213},{"sectionNumber":"108","sectionType":"section","heading":"Minimum accommodation requirements","content":"#### 108 Minimum accommodation requirements\n\n108 Minimum accommodation requirements\n\n> A facility must provide for the accommodation of 1 or more of the following groups of patients—\n> \n> > (a) patients who are admitted for more than 24 hours,\n> \n> > (b) patients who are not discharged on the same day they are admitted, but are admitted for not more than 24 hours,\n> \n> > (c) patients who are admitted and discharged on the same day.","sortOrder":214},{"sectionNumber":"109","sectionType":"section","heading":"Accommodation standards","content":"#### 109 Accommodation standards\n\n109 Accommodation standards\n\n> > (1) A facility must comply with the overnight accommodation standards if the facility provides for the accommodation of patients who are admitted for more than 24 hours.\n> \n> > (2) A facility must comply with the extended recovery accommodation standards if the facility provides for the accommodation of patients who are not discharged on the same day they are admitted, but are admitted for not more than 24 hours.","sortOrder":215},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Accommodation standards","content":"# Schedule 4 Accommodation standards\n\nSchedule 4 Accommodation standards\n\nSchedule 5","sortOrder":216},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"Dictionary","content":"# Schedule 5 Dictionary\n\nSchedule 5 Dictionary\n\nsection 3\n\nanaesthesia means the administration of general, epidural or major regional anaesthetic or sedation resulting in deeper than conscious sedation, other than—\n\n> (a) sedation provided in connection with dental procedures, or\n\n> (b) anaesthetic or sedation administered—\n> \n> > (i) in diagnostic imaging premises, within the meaning of the [Health Insurance Act 1973](http://www.legislation.gov.au/) of the Commonwealth, on the premises of a licensed anaesthesia class private health facility, and\n> \n> > (ii) to a patient of the private health facility, and\n> \n> > (iii) by a registered medical practitioner who is a member of staff of, or accredited to provide health services at, the private health facility.\n\nAustralasian Health Facility Guidelines means the Australasian Health Facility Guidelines endorsed by the Australasian Health Infrastructure Alliance in Australia and New Zealand that commenced on 23 November 2007.\n\nBuilding Code of Australia has the same meaning as in the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203).\n\ncardiac catheterisation means the passing of a catheter or other instrument through a major blood vessel and into the heart for a diagnostic or therapeutic purpose.\n\nchemotherapy means intravenous treatments using 1 or more cytotoxic agents.\n\nclass of procedures, in relation to a private health facility, means the services or treatments for which the facility is licensed.\n\nExamples—\n\nRapid opioid detoxification class procedures are the services or treatments for which a rapid opioid detoxification class private health facility is licensed—see Schedule 1, section 16.\n\nSurgical class procedures are the services or treatments for which a surgical class private health facility is licensed—see Schedule1, section 19.\n\ncosmetic surgery—see Schedule 1, section 5(2).\n\nextended recovery accommodation standards means the standards set out in Schedule 4, Part 1.\n\ngastrointestinal endoscopy means the use of a flexible endoscope with an internal lumen for the passage of an instrument to examine the upper or lower gastrointestinal tract.\n\ninterventional neuroradiology means the use of techniques to guide catheters or other instruments around the arteries or veins in the head, neck or spine to diagnose and treat diseases of the central nervous system, head, neck or spine.\n\nmedical advisory committee, for a private health facility, means the medical advisory committee appointed for the facility under the Act, section 39.\n\nminimum standards for intensive care units means the Minimum Standards for Intensive Care Units published by the College of Intensive Care Medicine of Australia and New Zealand and last reviewed in 2016.\n\novernight accommodation standards means the standards set out in Schedule 4, Part 2.\n\nrapid opioid detoxification—see Schedule 1, section 16(2).\n\nrelevant health services organisation has the same meaning as in the [Health Administration Act 1982](/view/html/inforce/current/act-1982-135), Part 2A.\n\nsedation and analgesia guidelines means the Guideline on procedural sedation published by the Australian and New Zealand College of Anaesthetists in 2023.\n\nthe Act means the [Private Health Facilities Act 2007](/view/html/inforce/current/act-2007-009).\n\n**sch 5:** Am 2024 (638), Sch 1\\[4\\].","sortOrder":221}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Insufficient substantive content was provided to assess whether the regulation's scope changed from its original intent. The metadata shows four versions since August 2024, suggesting amendments have been made, but the nature of those changes cannot be determined from the navigation and status information alone."},"complexity_factors":["Only metadata and navigation content was provided — the substantive regulatory text was absent, preventing full complexity assessment","Regulations of this type typically involve technical healthcare and licensing standards that require industry knowledge to interpret","Multiple point-in-time versions (4 since August 2024) suggest the regulation has been amended, adding interpretive complexity around which version applies when","Interaction with the parent Private Health Facilities Act and the Subordinate Legislation Act 1989 creates a layered legislative framework","Staged repeal mechanism adds a temporal dimension that operators must track"],"plain_english_summary":"This NSW regulation sets the legal rules governing private health facilities (private hospitals, day surgeries and similar centres), affecting operators, owners, staff and their patients. It came into force 30 August 2024, with the current version from 1 September 2025, and is scheduled to expire automatically on 1 September 2029.\n\nThe provided source lacked the substantive provisions; generally such regulations prescribe licensing, safety and care standards and non‑compliance can jeopardise a facility’s licence."},"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":8,"scope_assessment":{"changed":true,"description":"This instrument repeals and replaces the 2017 regulation (commencement and repeal provisions: ss 2, 28) and updates classes, standards and fees. Notable scope changes in this text include a refined definition and limits for cosmetic surgery (Sch 1 s 5), an explicit transitional lipoaspirate measure (s 29), and a named Birthing on Country demonstration facility with bespoke modifications (ss 56–59). These changes alter which procedures and premises fall within specific licensing classes and impose new operational requirements."},"complexity_factors":["Many distinct facility classes with class‑specific technical and clinical standards across Schedule 1–3 (increases rules to apply differently by class).","Frequent cross‑references to external standards and codes (Australasian Health Facility Guidelines, Building Code of Australia, ANZ College guidance, clinical guidelines) requiring ongoing alignment (Schedule 2, Schedule 3, Schedule 5).","Precise quantitative thresholds and transitional measures (e.g. 500 mL lipoaspirate, transitional 2.5 L until 1 Mar 2025) that affect classification and compliance (Sch 1 s 5(2); s 29).","Multiple prescribed fees, fee types and scales (application, approval extension, annual bands, transfer, amendment, review) increasing administrative and financial complexity (ss 7–13, 9).","Operational reporting deadlines and timelines (incident notification within 2 business days; serious adverse event report within 70 days; monthly encounter records within 14 days) create tight operational timeframes (s 18; s 27).","Discretion by the Secretary to grant approvals, impose licence conditions and accept forms/designations introduces regulatory uncertainty (see commencement and fee/approval provisions; ss 2, 8, 27).","Multiple offence and penalty provisions tied to compliance duties (licensing standards, display, notification) increase legal exposure for licensees (s 6(3); s 25; s 26).","Extensive record‑keeping and governance requirements (medical advisory committees, procedure registers, birth registers, clinical records) create sustained administrative burden (ss 17; Sch 3 Part 19; ss 53, 105–106)."],"plain_english_summary":"This regulation sets detailed rules for licensing and operating private health facilities: it defines facility classes, prescribes technical and staffing standards, fixes application/annual/transfer fees, and requires reporting, record‑keeping and incident notification. It also limits where cosmetic surgery may be performed. \n\nLicensees and practitioners are affected: licensees pay specified fees (ss 7–13, 9), must display licences and submit monthly encounter records (ss 25, 27), notify incidents quickly (s 18) and maintain committees and clinical governance (s 17). The Secretary approves licences and may impose conditions; penalties attach for breaches."},"kimi_summary":{"_metrics":{"completionTokens":860},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The regulation maintains the same scope as its 2017 predecessor — licensing and regulating private health facilities in NSW. While it adds new detail (particularly around cosmetic surgery restrictions and the Birthing on Country demonstration facility), these represent refinements within the existing framework rather than expansion beyond the original purpose. The structure of 19 facility classes and the core licensing scheme remain consistent."},"complexity_factors":["19 distinct facility classes with overlapping and class-specific requirements","Extensive cross-referencing to external standards (Australasian Health Facility Guidelines, Building Code of Australia, ANZCA position statements, etc.)","Multiple accommodation standards (overnight vs extended recovery vs same-day) applied differently across facility classes","Nested conditional logic for maternity facilities (level 1 vs level 2, gestational age thresholds, Birthing on Country exceptions)","Detailed technical specifications (e.g., 2,500cm² notice size, 1cm bold text, specific drug volumes, nursing ratios)","Concurrent licensing requirements (e.g., cardiac surgery must also hold intensive care licence)","Transitional provisions with sunset dates (cosmetic surgery liposuction limits until 1 March 2025)","Schedule 5 dictionary with 15+ defined terms plus incorporated external definitions"],"plain_english_summary":"**What this regulation does:**\n\nThis is a **New South Wales regulation** that sets the rules for **private hospitals and health facilities** — everything from small day surgery centres to large private hospitals. It replaces the 2017 version and establishes detailed licensing requirements, safety standards, and operating procedures.\n\n**Who it affects:**\n\n- **Private hospital owners and operators** — must obtain and maintain licences, pay fees, and comply with strict standards\n- **Patients** — receive protections around safety, privacy, and quality of care\n- **Medical practitioners** — must disclose financial interests in facilities and meet qualification requirements\n- **Staff** — including nurses, midwives, and specialists who must meet specific experience and training requirements\n\n**Key things the regulation covers:**\n\n**1. Licensing and fees**\n- 19 different **classes** of facilities (anaesthesia, cardiac surgery, cosmetic surgery, maternity, mental health, etc.)\n- Fees ranging from ~$7,500 to over $18,500 annually depending on facility size\n- Application fees, transfer fees, and amendment fees\n\n**2. Safety and quality standards**\n- Building and design requirements (fire safety, back-up power, infection control)\n- Staffing ratios and qualifications\n- Equipment requirements (resuscitation gear, monitoring equipment)\n- Clinical record-keeping and patient privacy\n\n**3. Special rules for cosmetic surgery**\n- Can **only** be performed in licensed cosmetic surgery facilities\n- Strict limits on liposuction volumes (500mL normally, temporarily 2.5L until March 2025)\n- Must comply with both anaesthesia and surgical standards\n\n**4. Incident reporting**\n- Serious incidents must be reported within **2 business days**\n- Independent reviews required for serious adverse events\n- Information can be shared with other health services to improve safety\n\n**5. Financial transparency**\n- Doctors must disclose if they have a financial interest in a facility\n- Notices must be displayed prominently (at least 2,500cm², bold text)\n\n**6. Unique provisions**\n- **Birthing on Country** — a special demonstration facility for culturally safe maternity care\n- **Rapid opioid detoxification** — strict staffing and transfer requirements due to high risks\n\n**Why it matters:**\n\nThis regulation directly protects patient safety by ensuring private facilities meet the same kinds of standards as public hospitals. The detailed requirements for high-risk services (cosmetic surgery, intensive care, cardiac surgery) reflect lessons from past patient harm incidents. The incident reporting and review system creates accountability and drives continuous improvement."}},"importantCases":[],"_links":{"self":"/api/acts/private-health-facilities-regulation-2024","history":"/api/acts/private-health-facilities-regulation-2024/history","analysis":"/api/acts/private-health-facilities-regulation-2024/analysis","conflicts":"/api/acts/private-health-facilities-regulation-2024/conflicts","importantCases":"/api/acts/private-health-facilities-regulation-2024/important-cases","documents":"/api/acts/private-health-facilities-regulation-2024/documents"}}