Part 10Private hospitals

Part 10—Private hospitals 79—Prohibition of operating private hospitals unless licensed (1) Health services must not be provided by a private hospital except at premises in respect of which a licence is in force under this Part. (2) If health services are provided by a private hospital in contravention of subsection (1), the person or each person constituting the private hospital is guilty of an offence. (3) This section does not apply in relation to— (a) premises at which the holder of a licence under this Part (being a licence relating to other premises) provides health services with the written approval of the Minister; or (b) premises licensed under the Supported Residential Facilities Act 1992; or (c) health services provided under an exemption granted by the Minister under this Part. 80—Application for licence (1) A person may apply to the Minister for a licence under this Part. (2) An application for a licence must— (b) contain a statement of the maximum number of hospital beds sought to be provided pursuant to the licence and any other information required by the Minister; and 81—Grant of licence (1) Subject to this section, if application is made under this Part for a licence in respect of premises or proposed premises, the Minister must determine whether a licence should be granted or refused and, if granted, what conditions should be imposed, having regard to— (a) the suitability of the applicant to be granted the licence; and (b) the standards of construction, facilities and equipment of the premises or proposed premises; and (c) the scope and quality of the health services to be provided in pursuance of the licence; and (d) the location of the premises or proposed premises and their proximity to other facilities for the provision of health services; and (e) the adequacy of existing facilities for the provision of health services to persons in the locality; and (f) any proposals for the provision of health services to persons in the locality through the establishment of new facilities or the expansion of existing facilities; and (h) any other relevant matter. (2) The Minister may, by notice in the Gazette, establish standards of construction, facilities and equipment for the premises of private hospitals for the purposes of this Part. (2a) A notice published by the Minister under subsection (2)— (a) may adopt, wholly or partially and with or without modification a code, standard, guideline or other document prepared or published by a body referred to in the notice (as in force at a particular time or from time to time); and (b) may be of general or limited application. (2b) Standards established under subsection (2) do not apply to premises in respect of which a licence under this Part was in force immediately before the commencement of subsection (2) except— (a) in relation to any alteration or extension of the premises; or (b) where there is a change in the health services provided. (3) If the Minister determines under this section that the licence should be granted and, in the case of an application in respect of proposed premises, subsequently is satisfied that the premises have been established substantially in accordance with proposals approved by the Minister, the Minister will, on payment of a fee fixed by the Minister, grant the licence to the applicant. 82—Conditions of licence (1) The Minister may attach such conditions to a licence under this Part as the Minister thinks fit. (2) Without limiting the matters with respect to which conditions may be imposed, the Minister may impose conditions in respect of a licence— (a) limiting the kinds of health services that may be provided pursuant to the licence; (b) fixing the maximum number of hospital beds that may be provided pursuant to the licence; (c) preventing the alteration or extension of the premises without the approval of the Minister; (d) preventing the installation or use of facilities or equipment of a specified kind, either absolutely or without the approval of the Minister; (e) requiring the installation or use of facilities or equipment of a specified kind not otherwise required by or under this Act; (f) requiring that the premises be in the charge of a person with specified qualifications, and otherwise regulating the staffing of the premises. (3) The holder of a licence may apply to the Minister for the variation of the licence or a condition of the licence. (4) An application under subsection (3) must— (b) be accompanied by the fee fixed by the Minister. (5) The Minister may, on application under subsection (3) or the Minister's own motion, vary or revoke a condition of a licence or impose a further condition by notice in writing given to the holder of the licence. (6) If the Minister imposes a condition under subsection (5) on the Minister's own motion, the condition will not, except with the agreement of the licensee, take effect until the expiration of the period of 30 days after service of the notice imposing the condition. 83—Offence for licence holder to contravene Act or licence condition The holder of a licence under this Part must not contravene, or fail to comply with, a provision of this Act or a condition of the licence. 84—Duration of licences (1) Subject to this Part, a licence remains in force until— (a) the licence is surrendered; or (b) the holder of the licence dies or, in the case of a body corporate, is dissolved. (2) The holder of a licence under this Part must, not later than the prescribed day in each year— (a) pay to the Minister the annual licence fee fixed by the Minister; and (b) lodge with the Minister an annual return containing the prescribed information. (3) If the holder of a licence fails to pay the annual licence fee or lodge the annual return in accordance with subsection (2), the Minister may, by notice in writing, require the holder to make good the default. (4) If the holder of a licence fails to comply with a notice under subsection (3) within 14 days after service of the notice, the licence is, by force of this subsection, suspended until the holder complies with the notice. (5) If a licence has been suspended by virtue of subsection (4) for a continuous period of 6 months, the licence is, by force of this subsection, cancelled. 85—Transfer of licence (1) An application may be made to the Minister for the transfer of a licence under this Part. (2) An application for the transfer of a licence must— (b) contain the information required by the Minister and conform with such other requirements determined by the Minister; and (3) An applicant must furnish the Minister with such further information as the Minister may require to determine the application. (4) The Minister will, on application under this section and payment of the fee fixed by the Minister, transfer the licence to the proposed transferee if the Minister is satisfied as to the suitability of the person to hold a licence under this Part. 86—Surrender, suspension and cancellation of licences (1) The holder of a licence under this Part may, at any time, surrender the licence (and the licence then ceases to be of force or effect). (2) The Minister may, after giving 30 days notice in writing to the holder of a licence to show cause why the licence should not be suspended or cancelled, suspend or cancel the licence, if the Minister is satisfied— (a) that the grant or transfer of the licence was obtained improperly; or (b) that the holder of the licence has contravened, or failed to comply with, a provision of this Act or a condition of the licence. (3) If the Minister suspends a licence, the Minister may order that the suspension be for a specified period or until the fulfilment of stipulated conditions or until further order. (4) If the Minister cancels a licence, the Minister may order that the cancellation have effect at a specified future time and impose conditions as to the provision of health services in pursuance of the licence until that time. (5) If a condition is imposed in relation to a licence under subsection (4), the holder of the licence must not contravene, or fail to comply with, the condition. (6) A licence— (a) that is suspended under subsection (2) ceases to be of force or effect for the period of the suspension; or (b) that is cancelled under that subsection ceases to be of force or effect. 87—Review of decision or order of Minister (1) A decision or order of the Minister under this Part is reviewable by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013. (2) An application for review of a decision or order of the Minister under this Part must be made within 1 month of the making of the decision or order, but the Tribunal may, if it is satisfied that it is just and reasonable in the circumstances to do so, extend that period (whether or not it has already expired). (4) The Minister must, if so required by a person affected by a decision or order made by the Minister under this Part, state in writing the reasons for the decision or order. (5) If the reasons of the Minister are not given in writing at the time of making a decision or order and the applicant then requests the Minister to state the Minister's reasons in writing, the time for making the application for review runs from the time when the applicant receives the written statement of those reasons. 88—Inspectors (1) The Minister may appoint suitable persons to be inspectors for the purposes of this section. (2) An inspector appointed under subsection (1) may, at any reasonable time, enter the premises of a private hospital and, while on the premises, may— (b) require any person to produce any documents or records; and (c) examine any documents or records and take extracts from, or make copies of, any of them. (3) A person must not refuse or fail to comply with a requirement made pursuant to this section. (4) A person must not hinder or obstruct an inspector in the exercise by the inspector of the powers conferred by this section. 88A—Exemptions (1) The Minister may, by notice in the Gazette, confer exemptions from this Part or specified provisions of this Part— (a) on specified persons or persons of a specified class; or (b) in relation to specified services or services of a specified class. (2) An exemption under subsection (1) may be granted by the Minister on such conditions as the Minister thinks fit. (3) A person who contravenes or fails to comply with a condition imposed under this section is guilty of an offence. Maximum penalty: $20 000.