{"id":"private-hospitals-act-1981","name":"Private Hospitals Act 1981","slug":"private-hospitals-act-1981","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30442,"registerId":"nt-private-hospitals-act-1981-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Private Hospitals Act 1981","content":"NORTHERN TERRITORY OF AUSTRALIA\nPRIVATE HOSPITALS ACT 1981\nAs in force at 1 December 2018\nTable of provisions\nPart 1 Preliminary matters\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Object of Act .................................................................................... 1\n4 Definitions ........................................................................................ 1\n4A Meaning of private hospital .............................................................. 2\n4B Application of Criminal Code ........................................................... 2\nPart 2 Licensing of private hospitals\nDivision 1 General\n5 Chief Health Officer may grant licences .......................................... 3\n6 Offences relating to conduct of private hospital ............................... 3\n7 Body corporate as licensee ............................................................. 4\n8 Certain persons not eligible to apply for licence .............................. 4\n9 Application for licence ...................................................................... 4\n10 Determination of application ............................................................ 4\n11 Form of licence ................................................................................ 5\n12 Notice to be given of refusal or conditions ....................................... 5\n13 Duration and renewal of licence ...................................................... 5\nDivision 2 Transfer of licence\n14 Transfer of licence ........................................................................... 5\n15 Application for transfer of licence..................................................... 5\n16 Determination of application for transfer of licence .......................... 5\n17 Notice to be given of refusal or conditions ....................................... 6\nPart 3 Management of private hospitals\n18 Manager of private hospital ............................................................. 6\n19 Replacement or acting appointment of manager or director of\nnursing ............................................................................................. 6\n20 Manager's responsibilities ............................................................... 7\n21 Chief Health Officer may require report of births and deaths ........... 8\n22 Changes in conditions of licence ..................................................... 8\n\nPrivate Hospitals Act 1981 ii\nPart 4 Control of private hospitals\nDivision 1 Inspection\n23 Inspection of private hospital ........................................................... 9\n24 Chief Health Officer's action following inspection ............................ 9\nDivision 2 Surrender, revocation or variation of licence\n25 Surrender of licence ........................................................................ 9\n26 Revocation or variation of licence .................................................. 10\n27 Complaints..................................................................................... 11\nDivision 3 Closure of private hospital\n28 Powers of Chief Health Officer to close down private hospital....... 11\nPart 5 Appeals\n29 Appeals.......................................................................................... 12\nPart 6 Miscellaneous matters\n30 Delegation ..................................................................................... 13\n31 Fees .............................................................................................. 13\n32 Duplicate licence ........................................................................... 13\n33 Return of licence............................................................................ 13\n34 Starting proceeding for offence...................................................... 14\n35 Regulations.................................................................................... 14\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 1 December 2018\n____________________\nPRIVATE HOSPITALS ACT 1981\nAn Act to regulate private hospitals, and for related purposes\nPart 1 Preliminary matters\n1 Short title\nThis Act may be cited as the Private Hospitals Act 1981.\n2 Commencement\nThis Act shall come into operation on a date to be fixed by the\nAdministrator by notice in the Gazette.\n3 Object of Act\n(1) The object of this Act is to protect the health and welfare of people\nreceiving medical or surgical treatment in private hospitals.\n(2) To achieve the object, this Act:\n(a) requires persons to hold licences to conduct private hospitals;\nand\n(b) provides for the management and inspection of private\nhospitals.\n4 Definitions\nIn this Act:\napproved means approved by the Chief Health Officer.\ndirector of nursing means a registered nurse in charge of nursing\nservices in a private hospital.\nlicence means a licence, or the renewal of a licence, granted under\nsection 10.\nlicensee means the holder of a licence.\n\nPart 1 Preliminary matters\nPrivate Hospitals Act 1981 2\nmanager, of a private hospital, means the person responsible for\nthe day-to-day management of the hospital.\npatient means a person who receives medical or surgical treatment\nin a private hospital.\nprivate hospital, see section 4A.\nregistered nurse means a person registered under the Health\nPractitioner Regulation National Law:\n(a) to practise in the nursing profession (other than as a student);\nand\n(b) in the registered nurses division of that profession.\n4A Meaning of private hospital\n(1) A private hospital is premises that are fitted, furnished or staffed\nfor the accommodation of persons for medical or surgical treatment\nfor fee or reward.\n(2) A private hospital includes premises for providing prescribed\nmedical or surgical treatment for fee or reward.\n(3) A hospital conducted by the Territory is not a private hospital.\n(4) In this section:\nprescribed medical or surgical treatment means medical or\nsurgical treatment involving high risk procedures prescribed by\nregulation.\n4B Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 4B\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n\nPart 2 Licensing of private hospitals\nDivision 1 General\nPrivate Hospitals Act 1981 3\nPart 2 Licensing of private hospitals\nDivision 1 General\n5 Chief Health Officer may grant licences\nSubject to this Act, the Chief Health Officer may grant a licence to a\nperson to conduct a private hospital on premises specified in the\nlicence.\n6 Offences relating to conduct of private hospital\n(1) A person must not conduct a private hospital unless the person is a\nlicensee for the hospital.\nFault element: The person intentionally conducts the\nhospital.\nMaximum penalty: 430 penalty units.\n(2) A licensee must not engage in conduct that results in a\ncontravention of a condition of the licence held by the licensee.\nFault elements:\nThe licensee:\n(a) intentionally engages in the conduct; and\n(b) is reckless as to whether the conduct would result in a\ncontravention of a condition of the licence.\nMaximum penalty: 430 penalty units.\n(3) Subsection (2) does not apply if, in relation to the conduct, the\nlicensee:\n(a) has given notice under section 22(1); and\n(b) has not been served a notice under section 26(1)(e).\n(4) If a court finds a person guilty of an offence against subsection (1)\nor (2), it may, in addition to any penalty imposed for the offence,\nimpose a penalty not exceeding 8 penalty units for each day during\nwhich the offence continues after the day the offence is committed.\n\nPart 2 Licensing of private hospitals\nDivision 1 General\nPrivate Hospitals Act 1981 4\n7 Body corporate as licensee\n(1) A body corporate can hold a licence only if it is a corporation as\ndefined in the Corporations Act 2001.\n(2) For the purposes of section 18(3) and (4), the directors and officers\nof a body corporate are taken to be the licensee.\n8 Certain persons not eligible to apply for licence\nA person who is found guilty of an offence against section 6(1) is\nnot eligible to apply for a licence within 5 years after the date of that\nfinding of guilt.\n9 Application for licence\n(1) An application for a licence to conduct a private hospital must be\nmade in the approved form to the Chief Health Officer.\n(2) Unless otherwise approved, an application for the renewal of a\nlicence to conduct a private hospital must be made to the Chief\nHealth Officer in the approved form not less than 28 days before\nthe expiry of the licence.\n(3) An application under subsection (1) must include particulars of:\n(a) the buildings and facilities to be used by or available to the\napplicant for the purposes of the private hospital; and\n(b) the name of the person proposed to be the manager of the\nprivate hospital; and\n(c) the name of the person proposed to be director of nursing of\nthe private hospital; and\n(d) the nursing qualifications that will be required of staff to be\nemployed for the purpose of caring for patients in the private\nhospital; and\n(e) the maximum number of patients to be accommodated in the\nprivate hospital; and\n(f) any other information the Chief Health Officer requires.\n10 Determination of application\n(1) In deciding an application made under section 9, the Chief Health\nOfficer must:\n(a) grant or renew a licence to conduct a private hospital; or\n\nPart 2 Licensing of private hospitals\nDivision 2 Transfer of licence\nPrivate Hospitals Act 1981 5\n(b) refuse to grant or renew a licence to conduct a private\nhospital.\n(2) If a licence is granted under subsection (1) it may be granted\nunconditionally or subject to such conditions as the Chief Health\nOfficer thinks fit.\n11 Form of licence\nSubject to section 18(2), a licence must be in the approved form\nand must set out the conditions, if any, to which it is subject.\n12 Notice to be given of refusal or conditions\nIf the Chief Health Officer refuses to grant a licence or grants a\nlicence subject to conditions, the Chief Health Officer must serve on\nthe applicant a written notice setting out the reasons for the refusal,\nor the imposition of the conditions, as appropriate.\n13 Duration and renewal of licence\n(1) A licence takes effect on the day it is granted and continues in force\nfor the period specified in it.\n(2) If the Chief Health Officer renews a licence, the renewed licence\ncontinues in force for the period specified in it from the day after it\nwould have expired.\nDivision 2 Transfer of licence\n14 Transfer of licence\n(1) Subject to this Act, a licence may be transferred from the licensee\nto another person.\n(2) A transfer of a licence does not take effect until it is approved by a\nwritten notice served on the applicants.\n15 Application for transfer of licence\nAn application for the transfer of a licence must be made in the\napproved form to the Chief Health Officer jointly by the licensee and\nthe proposed transferee.\n16 Determination of application for transfer of licence\n(1) Subject to this section, upon receiving an application under\nsection 15, the Chief Health Officer may approve, or refuse to\napprove, a transfer of a licence.\n\nPart 3 Management of private hospitals\nPrivate Hospitals Act 1981 6\n(2) If the transfer of a licence is approved under subsection (1), that\napproval may be given unconditionally or subject to such conditions\nas the Chief Health Officer thinks fit.\n(3) If the transfer of a licence is approved under subsection (1) subject\nto conditions, the conditions imposed are taken to be conditions to\nwhich the licence is subject.\n17 Notice to be given of refusal or conditions\nIf the Chief Health Officer refuses to approve under section 16 the\ntransfer of a licence, or approves the transfer subject to conditions,\nthe Chief Health Officer must serve on the applicants a written\nnotice setting out the reasons for the refusal or imposition of the\nconditions.\nPart 3 Management of private hospitals\n18 Manager of private hospital\n(1) A notice that may be given under this Act to a licensee is taken to\nbe given to the licensee if it is given to the manager of the private\nhospital in respect of which the licence is granted.\n(2) Subject to section 19(5), on the grant of a licence to an applicant,\nthe name of the manager nominated by the applicant must, in\naddition to the name of the applicant, be endorsed on the licence.\n(3) A licensee is liable, and may be prosecuted, for an offence\ncommitted against this Act by the manager of a private hospital.\n(4) It is a defence to a prosecution for an offence referred to in\nsubsection (3) if the licensee proves that the licensee gave such\ndirections to the manager and had exercised such supervision over\nthe manager as was reasonably necessary to ensure that the\nmanager did not commit an offence against this Act.\n19 Replacement or acting appointment of manager or director of\nnursing\n(1) If the manager or director of nursing of a private hospital is unable\nto perform the duties of the position for a continuous period of more\nthan 7 days, the licensee of the hospital may appoint an approved\nperson to act in the position during the period.\n\nPart 3 Management of private hospitals\nPrivate Hospitals Act 1981 7\n(2) If the manager or director of nursing of a private hospital vacates\nthe position, the licensee of the hospital must appoint an approved\nperson to fill the vacancy.\nMaximum penalty: 100 penalty units.\n(3) However, the licensee of the hospital does not commit an offence\nagainst subsection (2) if the licensee appoints an approved person\nto act as the manager pending an appointment under the\nsubsection.\n(4) If a person is appointed to fill the vacancy of the position of\nmanager, the licensee must return the licence to the Chief Health\nOfficer within 14 days after the appointment.\nMaximum penalty: 20 penalty units.\n(5) On receipt of the licence, the Chief Health Officer must endorse on\nthe licence the name of the person in place of the name of the\nperson who vacated the position.\n(6) An offence against subsection (2) or (4) is an offence of strict\nliability.\n(7) It is a defence to a prosecution for an offence against\nsubsection (2) or (4) if the defendant establishes a reasonable\nexcuse.\n20 Manager's responsibilities\n(1) The manager of a private hospital commits an offence if the\nmanager fails:\n(a) to keep at the private hospital a register of patients containing\nthe particulars mentioned in subsection (4); or\n(b) to keep at the private hospital a record in the approved form of\ndrug purchases and the use made of the drugs; or\n(c) to ensure a registered nurse is on duty at the hospital at all\ntimes.\nMaximum penalty: 100 penalty units.\n(2) An offence against subsection (1) is an offence of strict liability.\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant establishes a reasonable excuse.\n\nPart 3 Management of private hospitals\nPrivate Hospitals Act 1981 8\n(4) The register of patients must contain the following particulars for\neach patient in the hospital:\n(a) the patient's name, age and address;\n(b) the date of reception of the patient into the private hospital;\n(c) the name of the medical practitioner attending the patient;\n(ca) the drugs administered to the patient;\n(d) the date the patient leaves the private hospital or dies;\n(e) if the patient gives birth to a child at the hospital:\n(i) the date of the birth; and\n(ii) the sex of the child; and\n(iii) whether the child was born alive or still-born;\n(f) other particulars prescribed by regulation.\n21 Chief Health Officer may require report of births and deaths\n(1) The Chief Health Officer may, by written notice, require the licensee\nof a private hospital to give the Chief Health Officer a report in the\napproved form of each birth and death occurring at the hospital for\nthe period stated in the notice.\n(2) The licensee must comply with the notice within 10 days after it is\ngiven.\nMaximum penalty: 100 penalty units.\n(3) An offence against subsection (2) is an offence of strict liability.\n22 Changes in conditions of licence\n(1) If a private hospital is conducted otherwise than in accordance with\nthe conditions to which the licence is subject, the licensee must,\nwithin 14 days after it being so conducted, by a written notice\nserved on the Chief Health Officer, inform the Chief Health Officer\nand apply for a variation of those conditions.\n(2) A licensee who complies with subsection (1) may continue to\nconduct the private hospital otherwise than in accordance with the\nconditions to which the licence is subject until the licensee is served\nwith a notice under section 26.\n\nPart 4 Control of private hospitals\nDivision 2 Surrender, revocation or variation of licence\nPrivate Hospitals Act 1981 9\nPart 4 Control of private hospitals\nDivision 1 Inspection\n23 Inspection of private hospital\n(1) The Chief Health Officer must ensure each private hospital is\ninspected not less than once a year.\n(2) The Chief Health Officer may, in writing, authorise a person to enter\na private hospital at any reasonable time to inspect the hospital.\n(3) The person authorised may inspect:\n(a) the register of patients mentioned in section 20(1)(a); and\n(b) premises and equipment of the hospital; and\n(c) anything else specified in the authorisation.\n(4) The person authorised must, as soon as practicable after\nconcluding an inspection, give the Chief Health Officer a written\nreport on the inspection.\n24 Chief Health Officer's action following inspection\nAfter an inspection of a private hospital under section 23, the Chief\nHealth Officer may, by written notice given to the licensee of the\nhospital, require any of the following to be carried out at the time\nand in the way specified in the notice:\n(a) repairs, alterations, additions or improvements to the premises\nor equipment of the hospital, or anything else inspected under\nthe authorisation;\n(b) changes in the management of the hospital.\nDivision 2 Surrender, revocation or variation of licence\n25 Surrender of licence\n(1) A licensee may surrender the licensee's licence by written notice\ngiven to the Chief Health Officer.\n(2) The surrender takes effect on:\n(a) 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 – the later day.\n\nPart 4 Control of private hospitals\nDivision 2 Surrender, revocation or variation of licence\nPrivate Hospitals Act 1981 10\n(3) The person who held the licence must return the licence to the\nChief Health Officer within 14 days after the day the surrender\ntakes effect.\nMaximum penalty: 20 penalty units.\n(4) An offence against subsection (3) is an offence of strict liability.\n(5) It is a defence to a prosecution for an offence against\nsubsection (3) if the defendant establishes a reasonable excuse.\n26 Revocation or variation of licence\n(1) The Chief Health Officer may, by written notice given to a licensee,\nrevoke the licence, or vary the conditions of the licence, held by the\nlicensee if:\n(a) a manager is not appointed as provided by section 19(2)\nand (3); or\n(b) an application is made under section 22(1); or\n(c) the licensee fails to comply with a notice under section 24\nwithin the time specified in it; or\n(d) section 27(3)(c) applies because of a report on an inquiry into\na complaint; or\n(e) the Chief Health Officer is satisfied the private hospital:\n(i) is not adequately equipped or is managed in a way that\nrequires its closure; or\n(ii) is no longer being conducted; or\n(f) the licensee:\n(i) refuses to allow an inspection of the private hospital in\naccordance with Part 4, Division 1; or\n(ii) fails to comply with a condition of the licence; or\n(iii) is found guilty of an offence against, this Act, the Health\nPractitioner Regulation National Law or the Health\nPractitioners Act 2004; or\n(iv) is found guilty of an indictable offence, whether in the\nTerritory or elsewhere.\n\nPart 4 Control of private hospitals\nDivision 3 Closure of private hospital\nPrivate Hospitals Act 1981 11\n(2) If the Chief Health Officer revokes a licence or varies the conditions\nof a licence under subsection (1), the Chief Health Officer must give\nthe licensee, or the person who held the licence, a written notice\nspecifying the Chief Health Officer's reasons for doing so.\n27 Complaints\n(1) A person may, by notice in writing to the Chief Health Officer, make\na complaint against a licensee.\n(2) The Chief Health Officer may, on receiving a complaint under\nsubsection (1), authorise a person to conduct an inquiry into the\ncomplaint and to give the Chief Health Officer a written report on\nthe person's findings in respect of the complaint.\n(3) The Chief Health Officer may, on the basis of the report and on the\nother information available to the Chief Health Officer:\n(a) dismiss a complaint; or\n(b) authorise a person to conduct a further inquiry under this\nsection; or\n(c) take action under section 26.\nDivision 3 Closure of private hospital\n28 Powers of Chief Health Officer to close down private hospital\n(1) If the Chief Health Officer revokes a licence under section 26(1),\nthe Chief Health Officer must, unless the Chief Health Officer\nimmediately grants another licence in respect of the private\nhospital, close down the private hospital and arrange for the\ntransfer of patients from that private hospital to a government\ninstitution or other licensed private hospital.\n(2) The expenses incurred by the Chief Health Officer in exercising\npowers under subsection (1) are recoverable as a debt due and\npayable to the Territory by the person whose licence has been\nrevoked.\n\nPart 5 Appeals\nPrivate Hospitals Act 1981 12\nPart 5 Appeals\n29 Appeals\n(1) An applicant for a licence who is dissatisfied with a decision of the\nChief Health Officer made under section 10, or a licensee who is\ndissatisfied with a decision of the Chief Health Officer made under\nsection 16, 24, 26, 27 or 28 may appeal to the Local Court against\nthat decision.\n(2) An appeal made under subsection (1) must:\n(a) be in writing; and\n(b) set out or be accompanied by the relevant notice of the\ndecision and reasons for the decision; and\n(c) be made to the Local Court and a copy served on the Chief\nHealth Officer within 28 days after the relevant notice of the\ndecision appealed against was served on the appellant.\n(3) The Local Court must conduct a hearing in the prescribed manner\ninto the reasons for the Chief Health Officer having made the\ndecision appealed against.\n(4) Subject to and for subsection (3), the Local Court, in hearing an\nappeal made under subsection (1) has all the powers, duties and\nfunctions of the Chief Health Officer in relation to the matter the\nsubject of the appeal.\n(5) The Local Court must determine an appeal under subsection (1) by:\n(a) confirming the decision of the Chief Health Officer; or\n(b) varying the decision of the Chief Health Officer in such\nmanner as it thinks fit; or\n(c) substituting it's own decision for the decision of the Chief\nHealth Officer; or\n(d) disallowing the decision of the Chief Health Officer.\n(6) If the Local Court determines an appeal made under subsection (5),\nthe determination takes effect on the date specified in the\ndetermination or, if no date is so specified, on the date of the\ndetermination.\n\nPart 6 Miscellaneous matters\nPrivate Hospitals Act 1981 13\nPart 6 Miscellaneous matters\n30 Delegation\nThe Chief Health Officer may delegate any of the Chief Health\nOfficer's powers and functions under this Act to a public sector\nemployee.\n31 Fees\n(1) Subject to subsection (2), the Minister may determine the fees, if\nany, to be paid in respect of:\n(a) an application for a licence; or\n(b) the renewal of a licence; or\n(c) the transfer of a licence; or\n(d) the issue of a duplicate licence.\n(2) A determination of a fee under subsection (1) may be calculated in\naccordance with the bed capacity of the private hospital to which a\nlicence relates and to the period for which the licence is granted.\n32 Duplicate licence\nIf the Chief Health Officer is satisfied that a licence issued under\nthis Act has been destroyed, lost or stolen, the Chief Health Officer\nmay, on application in the approved form by the licensee, issue to\nthat licensee a duplicate licence.\n33 Return of licence\n(1) This section applies if:\n(a) an application for the renewal of a licence is refused under\nsection 10(1)(b); or\n(b) a licence is revoked under section 26(1).\n(2) The person who held the licence must return the licence to the\nChief Health Officer within 7 days after its expiry or the person\nreceives notice of its revocation.\nMaximum penalty: 20 penalty units.\n(3) An offence against subsection (2) is an offence of strict liability.\n(4) It is a defence to a prosecution for an offence against\nsubsection (2) if the defendant establishes a reasonable excuse.\n\nPart 6 Miscellaneous matters\nPrivate Hospitals Act 1981 14\n34 Starting proceeding for offence\nProceedings for an offence against this Act may be started only by\nan approved person.\n35 Regulations\n(1) The Administrator may make regulations under this Act.\n(2) A regulation may provide for the following:\n(a) the minimum standards of accommodation required for\npatients in private hospitals;\n(b) hearing of appeals under Part 5;\n(c) provide for an offence against a regulation to be an offence of\nstrict or absolute liability but not with a penalty exceeding\n100 penalty units.\n\nENDNOTES\nPrivate Hospitals Act 1981 15\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nPrivate Hospitals and Nursing Homes Act 1981 (Act No. 40, 1981)\nAssent date 8 April 1981\nCommenced 1 July 1981 (Gaz S7, 26 June 1981)\nCriminal Law (Regulatory Offences) Act 1983 (Act No. 68, 1983)\nAssent date 28 November 1983\nCommenced 1 January 1984 (s 2, s 2 Criminal Code Act 1983 (Act No. 47,\n1983), Gaz G46, 18 November 1983, p 11 and Gaz G8,\n26 February 1986, p 5)\nLocal Court (Consequential Amendments) Act 1989 (Act No. 14, 1989)\nAssent date 5 June 1989\nCommenced 1 January 1991 (s 2, s 2 Small Claims Amendment Act 1988\n(Act No. 43, 1988), Gaz G17, 3 May 1989, p 2, s 2 Local\nCourt Act 1989 (Act No. 31, 1989) and Gaz G49,\n12 December 1990, p 2)\nMedical (Consequential Amendments) Act 1995 (Act No. 8, 1995)\nAssent date 10 April 1995\nCommenced 1 June 1995 (s 2, s 2 Medical Act 1995 (Act No. 7, 1995) and\nGaz S21, 1 June 1995)\nSentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996)\nAssent date 19 April 1996\nCommenced 1 July 1996 (s 2, s 2 Sentencing Act 1995 (Act No. 39, 1995)\nand Gaz S15, 13 June 1996)\nStatute Law Revision Act 1997 (Act No. 17, 1997)\nAssent date 11 April 1997\nCommenced s 16: 10 December 1997; rem: 1 May 1997 (Gaz G17,\n30 April 1997, p 2)\n\nENDNOTES\nPrivate Hospitals Act 1981 16\nStatute Law Revision Act 2005 (Act No. 44, 2005)\nAssent date 14 December 2005\nCommenced 14 December 2005\nHealth Practitioner (National Uniform Legislation) Implementation Act 2010 (Act No. 18,\n2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (s 2)\nPrivate Hospitals and Private Nursing Homes Amendment Act 2011 (Act No. 16, 2011)\nAssent date 20 May 2011\nCommenced 20 May 2011\nStatute Law Revision Act 2014 (Act No. 38, 2014)\nAssent date 13 November 2014\nCommenced 13 November 2014\nHealth Practitioner Regulation (National Uniform Legislation) and Other Legislation\nAmendment Act 2018 (Act No. 28, 2018)\nAssent date 30 November 2018\nCommenced 1 December 2018 (s 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1 and 26.\n4 LIST OF AMENDMENTS\nlt amd No. 16, 2011, s 3\npt I hdg amd No. 16, 2011, s 17\ns 1 amd No. 16, 2011, s 4\ns 3 sub No. 16, 2011, s 5\ns 4 amd No. 17, 1997, s 17; No. 44, 2005, s 22; No. 18, 2010, s 76; No. 16,\n2011, s 6; No. 38, 2014, s 2; No. 28, 2018, s 25\nss 4A – 4B ins No. 16, 2011, s 7\npt II hdg amd No. 16, 2011, s 17\ns 5 amd No. 17, 1997, s 17; No. 16, 2011, s 17\ns 6 sub No. 16, 2011, s 8\ns 7 amd No. 16, 2011, s 9\ns 8 amd No. 17, 1996, s 6; No. 16, 2011, s 17\ns 9 amd No. 17, 1997, s 17; No. 16, 2011, s 17\ns 10 amd No. 17, 1997, s 17; No. 16, 2011, s 10\ns 11 amd No. 16, 2011, s 17\ns 12 amd No. 17, 1997, s 17; No. 16, 2011, s 17\ns 13 amd No. 17, 1997, s 17\nsub No. 16, 2011, s 11\nss 15 – 17 amd No. 17, 1997, s 17; No. 16, 2011, s 17\npt III hdg amd No. 16, 2011, s 17\ns 18 amd No. 16, 2011, s 17\ns 19 amd No. 17, 1997, s 17\nsub No. 16, 2011, s 12\ns 20 amd No. 17, 1997, s 17; No. 44, 2005, s 22; No. 18, 2010, s 77\nsub No. 16, 2011, s 12\namd No. 38, 2014, s 2\n\nENDNOTES\nPrivate Hospitals Act 1981 17\ns 21 sub No. 16, 2011, s 12\ns 22 amd No. 17, 1997, s 17; No. 16, 2011, s 17\npt IV hdg amd No. 16, 2011, s 17\nss 23 – 24 amd No. 17, 1997, s 17\nsub No. 16, 2011, s 13\ns 25 amd No. 17, 1997, s 17\nsub No. 16, 2011, s 14\ns 26 amd No. 8, 1995, s 4; No. 17, 1996, s 6 ; No. 17, 1997, s 17; No. 44, 2005,\ns 22; No. 18, 2010, s 78\nsub No. 16, 2011, s 14\ns 27 amd No. 17, 1997, s 17; No. 16, 2011, s 17\npt IV\ndiv 3 hdg amd No. 16, 2011, s 17\ns 28 amd No. 17, 1997, s 17; No. 16, 2011, s 17\npt V hdg amd No. 16, 2011, s 17\ns 29 amd No. 14, 1989, s 7; No. 17, 1997, s 17; No. 16, 2011, s 17\npt VI hdg amd No. 16, 2011, s 17\ns 30 amd No. 17, 1997, s 17\nsub No. 16, 2011, s 15\ns 31 amd No. 16, 2011, s 17\ns 32 amd No. 17, 1997, s 17; No. 16, 2011, s 17\ns 33 amd No. 17, 1997, s 17\nsub No. 16, 2011, s 16\ns 34 sub No. 16, 2011, s 16\ns 35 amd No. 17, 1996, s 6\nsub No. 16, 2011, s 16\ns 35A ins No. 68, 1983, s 27\ns 36 rep No. 16, 2011, s 16","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1981 Act covered both private hospitals AND private nursing homes (as evidenced by the original title 'Private Hospitals and Nursing Homes Act 1981'). The 2011 amendments (Act No. 16, 2011) removed all nursing home provisions, transferring them to separate legislation. The Act has therefore narrowed in scope from its original intent, now regulating only private hospitals. Additionally, the 2011 rewrite modernised the offence provisions and added the structured fault element approach."},"complexity_factors":["Moderate length (35 sections across 6 Parts) but relatively straightforward structure","11 defined terms in section 4, plus additional definitions embedded in section 4A","Multiple fault elements and strict liability offences requiring careful parsing (sections 6, 19, 20, 33)","Cross-references to external legislation: Corporations Act 2001, Criminal Code, Health Practitioner Regulation National Law, Health Practitioners Act 2004","Nested conditional logic in offence provisions (e.g., section 6(3) exception to subsection (2), which itself has fault elements)","Administrative procedure requirements with specific timeframes (28 days for renewal applications, 14 days for notifications, 7 days for returns)","Defence provisions scattered throughout (sections 18(4), 19(7), 20(3), 33(4)) requiring横向 reading"],"plain_english_summary":"**What this law does:**\n\nThis is the Northern Territory's **Private Hospitals Act 1981**. It sets up a licensing and regulatory system to ensure private hospitals operate safely and protect patient health.\n\n**Who it affects:**\n\n- **Private hospital operators** – anyone wanting to run a private hospital must get a licence from the Chief Health Officer\n- **Patients** – people receiving medical or surgical treatment in these facilities\n- **Hospital managers and directors of nursing** – key staff who must meet specific requirements\n- **The Chief Health Officer** – the government official who grants licences, inspects hospitals, and can close them down if necessary\n\n**Key requirements:**\n\n- **You cannot operate a private hospital without a licence** – doing so is a criminal offence with heavy fines (up to 430 penalty units)\n- **Licences come with conditions** – the Chief Health Officer can attach rules about how the hospital must operate\n- **Mandatory management structure** – every hospital must have an approved manager and director of nursing (a registered nurse)\n- **Regular inspections** – hospitals must be inspected at least once a year\n- **Strict record-keeping** – managers must maintain patient registers and drug records\n- **Appeals process** – decisions by the Chief Health Officer can be appealed to the Local Court\n\n**Why it matters:**\n\nThis law creates a safety net for people seeking private medical care. Before this Act, there was no specific Territory-wide system to check that private hospitals were properly staffed, equipped, or managed. The Act gives the government power to:\n- Shut down dangerous facilities\n- Transfer patients to safety if a hospital closes\n- Investigate complaints\n- Enforce standards for buildings, equipment, and nursing care\n\n**Important note on scope:** Originally, this Act also covered private nursing homes, but those provisions were removed in 2011 (transferred to separate legislation). The Act now focuses solely on private hospitals."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act's core scope—licensing and oversight of private hospitals to protect patient health and welfare—remains consistent with its original object (s 3). Amendments over time mainly modernised references (for example to the Health Practitioner Regulation National Law and the Corporations Act), added definitions (e.g. \"prescribed medical or surgical treatment\" in s 4A) and adjusted procedural and penalty provisions. Those changes clarify and update the regime but do not materially expand the Act beyond its original regulatory purpose."},"complexity_factors":["Relatively short Act with limited Parts and straightforward structure (6 Parts)","Small number of defined terms in interpretation (s 4, s 4A) — low definitional complexity","Cross-references to external instruments: Part IIAA of the Criminal Code (s 4B), Health Practitioner Regulation National Law (definition of registered nurse), Corporations Act (s 7)","Multiple offence types with differing fault elements (intentional, reckless, strict liability) — requires attention to mental elements (s 6, s 20, s 19(6))","Broad discretionary powers vested in Chief Health Officer with multiple, conditional triggers for action (ss 10, 24, 26)","Procedural rules and timelines for applications, renewals, transfers, manager replacements and appeals introduce several compliance deadlines (ss 9(2), 13, 15, 19(2),(4), 29(2))","Administrative mechanisms for fees, delegation and regulations (ss 30–31, 35)","Some nested exceptions (e.g. s 6(3) limits liability if notice given under s 22 and no notice served under s 26(1)(e))"],"plain_english_summary":"**What this law does (mechanics)\n\n- Requires a licence to run a private hospital. A \"private hospital\" is premises fitted, furnished or staffed to accommodate people for medical or surgical treatment for fee or reward (see s 4A). The Chief Health Officer issues, renews, transfers, conditions and can revoke licences (ss 5, 10, 14, 16, 26).\n\n- Sets out application and licence content rules. Applications must be in the approved form and include details about buildings, manager and director of nursing, staff qualifications, bed capacity and other information the Chief Health Officer asks for (s 9). Licences must state any conditions (s 11). Renewal and transfer procedures are prescribed (ss 9, 13, 14–17).\n\n- Imposes operational duties on licensees and managers. A person must not conduct a private hospital without a licence (s 6(1)). Managers must keep a patient register with prescribed particulars, keep drug purchase/use records and ensure a registered nurse is on duty at all times (s 20). Licensees must notify and apply to vary licence conditions if they start operating otherwise than permitted (s 22).\n\n- Gives inspection, reporting and compliance powers to the Chief Health Officer. Each private hospital must be inspected at least once a year; authorised inspectors can enter at reasonable times and inspect registers, premises and equipment (ss 23–24). After inspection the Chief Health Officer can require repairs, improvements or management changes (s 24).\n\n- Provides enforcement tools and penalties. Offences include operating without a licence and contravening licence conditions; maximum penalties are specified (s 6). Some offences are strict liability. The Chief Health Officer may revoke or vary licences for a range of grounds (s 26) and may close a hospital after revocation and arrange patient transfers; recovery of expenses from the licence holder is permitted (s 28).\n\n- Provides appeal rights to the Local Court. Applicants or licensees aggrieved by certain decisions (refusal, conditions, revocation, closure, etc.) may appeal to the Local Court within 28 days (s 29).\n\n- Delegation, fees and regulations. The Chief Health Officer may delegate powers (s 30). The Minister may set fees for applications, renewals, transfers and duplicates and may scale fees by bed capacity and licence period (s 31). Regulations can prescribe minimum accommodation standards, appeal procedures and offences (s 35).\n\nWho this affects\n\n- Private hospital owners and operators: they must hold and comply with licences, appoint a manager and director of nursing, keep records, allow inspections, and meet standards set by the Chief Health Officer (ss 5, 9, 18–21, 23–24).\n- Managers and directors of nursing: operational responsibilities and potential individual liability, plus requirements for appointments and replacements (ss 18–20).\n- Health regulators and the Chief Health Officer: decide on licences, conditions, inspections, revocations and closures; may recover costs for closures (ss 5, 10, 23–28).\n- Patients and the public: the Act creates statutory oversight intended to protect health and welfare of people receiving care (s 3).\n\nWhy it matters (stated purpose and testing that claim)\n\n- The Act states its object is to protect the health and welfare of patients by licensing and oversight of private hospitals (s 3). Mechanically, it does this by controlling who can operate a hospital, prescribing staffing and recordkeeping, requiring inspections and empowering the Chief Health Officer to impose remedial actions, vary or revoke licences and close hospitals (ss 5, 20, 23–28).\n\nCosts, incentives and trade-offs\n\n- Who pays: private hospital operators bear the direct costs of compliance — licence fees (s 31), meeting premises/equipment/ staffing requirements (ss 9, 20, 24), recordkeeping, and potentially the expense of transfers if the Chief Health Officer closes a facility (s 28) which the Territory can recover from the licence holder.\n\n- Who decides: the Chief Health Officer has broad discretion to grant, condition, refuse, vary or revoke licences and to require remedial works and management changes (ss 10, 11, 24, 26). That discretion concentrates decision power in the regulator, subject to appeal to the Local Court (s 29).\n\n- Behaviour changes: operators are incentivised to maintain required staffing (continuous registered nurse on duty), keep registers and drug records, comply with inspection notices, and avoid conduct that would breach licence conditions (ss 20, 23–24, 6, 22). Non-compliance risks prosecution, fines, licence variation or revocation, and closure.\n\nImplementation and compliance burden\n\n- Recordkeeping and staffing: keeping detailed patient registers, drug records and ensuring 24/7 registered nurse cover is a practical and recurring cost (s 20).\n- Manager/director appointment rules: licensees must nominate and promptly replace managers and directors of nursing, with penalties for failure; the Chief Health Officer endorses manager names on licences (ss 18–19).\n- Regulatory discretion and legal process: broad regulator discretion creates a need for careful engagement and record-keeping to avoid subjective adverse decisions; appeals are available but require starting in the Local Court within 28 days (s 29).\n\nCross-references and external linkages\n\n- The Act links to other laws and instruments: application of Part IIAA of the Criminal Code (s 4B); reliance on the Health Practitioner Regulation National Law for the definition of registered nurse (s 4); corporate eligibility tied to the Corporations Act (s 7). These cross-references import additional legal standards and penalties.\n\nConcentrated benefits, diffuse costs and risks\n\n- Concentrated benefits: licence-holders gain a monopoly right to lawfully provide private hospital services at the licensed premises (s 5). Conditions can be tailored to individual facilities (s 10).\n- Diffuse costs: compliance costs (staffing, recordkeeping, premises upgrades) fall on all operators, potentially increasing operating costs and prices for consumers.\n- Regulatory risk: substantial administrative discretion creates potential for uncertainty in compliance costs and timing; appeals are available but add procedural burden (ss 10, 24, 26, 29).\n\nKey specific mechanics (short list of notable provisions)\n\n- Annual inspection requirement (s 23(1)).\n- Continuous on-duty registered nurse requirement (s 20(1)(c)).\n- Manager and director of nursing must be nominated and endorsed on the licence; replacement rules with time limits and penalties (ss 18–19).\n- Licence surrender, transfer, duplication and return rules with timeframes and penalties (ss 14–15, 25, 32–33).\n- Grounds for revocation or variation include inadequate equipment/management, failure to comply with notices, criminal or professional convictions and refusal to allow inspection (s 26).\n\nOverall, the Act creates a licensing-and-inspection regulatory framework that places operational, recordkeeping and staffing obligations on private hospital operators, vests considerable decision-making authority in the Chief Health Officer, supplies enforcement powers and a structured appeal route to the Local Court.**"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/private-hospitals-act-1981","history":"/api/acts/private-hospitals-act-1981/history","analysis":"/api/acts/private-hospitals-act-1981/analysis","conflicts":"/api/acts/private-hospitals-act-1981/conflicts","importantCases":"/api/acts/private-hospitals-act-1981/important-cases","documents":"/api/acts/private-hospitals-act-1981/documents"}}