Part 10APrivate day procedure centres

Part 10A—Private day procedure centres 89—Preliminary (1) In this Part— conscious sedation means the sedation of a person by the intravenous administration of one or more drugs such that communication with the person may be maintained during the sedation; declared day hospital means a hospital within the meaning of the Private Health Insurance Act 2007 of the Commonwealth as at the prescribed date but does not include— (a) an incorporated hospital; or (b) premises in respect of which a licence is in force under Part 10 at the prescribed date; or (c) an incorporated health service; prescribed date means the date of commencement of section 10 of the Health Care (Miscellaneous) Amendment Act 2016; prescribed health service means— (a) a health service that involves the administration of general, spinal, epidural or major regional block anaesthetic; or (b) a health service that involves intravenous sedation (other than conscious sedation); or (c) a health service that involves the administration of local anaesthetic; or (d) a health service, or health service of a class, prescribed by the regulations for the purposes of this definition. (2) Paragraph (c) of the definition of prescribed health service does not apply in relation to the following health services involving the administration of local anaesthetic: (a) a health service provided by a medical practitioner in the course of practice as a general practitioner; (b) a health service provided by a dentist in the course of general dentistry practice; (c) a health service, or health service of a kind, prescribed by the regulations. 89A—Standards of construction, facilities and equipment (1) The Minister may, by notice in the Gazette, establish standards of construction, facilities and equipment for premises for the purposes of this Part. (2) In establishing standards under subsection (1) the Minister should consider any relevant codes, standards and guidelines. (3) A notice published by the Minister under subsection (1)— (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. (4) Standards established under subsection (1) do not apply to a declared day hospital except— (a) in relation to the alteration or extension of the premises of the declared day hospital after the prescribed date; or (b) where there is a change in the health services provided at the declared day hospital after the prescribed date. 89B—Prohibition on providing prescribed health services unless licensed (1) A person must not provide a prescribed health service except at premises in respect of which a licence is in force under this Part. (2) This section does not apply in relation to the provision of prescribed health services— (a) at an incorporated hospital; or (b) at premises authorised under Part 10 in respect of such services; or (c) an incorporated health service. 89C—Private day procedure centre licence (1) A person may apply to the Minister for a licence authorising the provision of prescribed health services at specified premises (a private day procedure centre licence). (2) An application for a private day procedure centre licence must— (b) contain the information required by the Minister and conform with such other requirements determined by the Minister; and (3) If the Minister determines under this section that the private day procedure centre 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. (4) An entity with responsibility for a declared day hospital is, at the date of commencement of this Part, taken to hold a private day procedure centre licence in respect of the declared hospital (the deemed licence) and a provision of this Act that applies in relation to a private day procedure centre licence applies in relation to the deemed licence. 89D—Conditions of licence (1) Each private day procedure centre licence will be taken to be subject to the conditions prescribed by the regulations. (2) The Minister may impose such other conditions on a private day procedure centre licence as the Minister thinks fit. (3) The Minister may, on application or the Minister's own motion, vary or revoke a condition of a private day procedure centre licence imposed under subsection (2), or impose a further condition on such a licence, by notice in writing given to the holder of the licence. (4) If the Minister imposes a further condition under subsection (3) 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. 89E—Offence for licence holder to contravene Act or licence condition The holder of a private day procedure centre licence must not contravene, or fail to comply with, a provision of this Act or a condition of the licence. 89F—Duration of licences (1) Subject to this Part, a private day procedure centre 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 private day procedure centre licence 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 private day procedure centre 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 private day procedure centre 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 private day procedure centre 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. 89G—Transfer of licence (1) An application may be made to the Minister for the transfer of a private day procedure centre licence. (2) An application for the transfer of a private day procedure centre 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. 89H—Surrender, suspension and cancellation of licences (1) The holder of a private day procedure centre licence 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 private day procedure centre 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 private day procedure centre 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 private day procedure centre 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 private day procedure centre licence under subsection (4), the holder of the licence must not contravene, or fail to comply with, the condition. (6) A private day procedure centre 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. 89I—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. 89J—Inspectors (1) The Minister may appoint suitable persons to be inspectors for the purposes of this section. (2) A person appointed as an inspector by the Minister under section 88 will be taken to be an inspector appointed under subsection (1). (3) An inspector appointed under subsection (1) may, at any reasonable time, enter a private day procedure centre or premises reasonably suspected of being used in contravention of this Part 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. (4) A person must not refuse or fail to comply with a requirement made pursuant to this section. (5) A person must not hinder or obstruct an inspector in the exercise by the inspector of the powers conferred by this section. 89K—Vicarious liability (1) For the purposes of this Part, an act or omission of an employee or agent will be taken to be the act or omission of the employer or principal unless it is proved that the act or omission did not occur in the course of the employment or agency. (2) Where an agent or employee is convicted of an offence against this Part, the principal or employer is also guilty of an offence and liable to a penalty not exceeding the maximum prescribed for the offence committed by the agent or employee, unless it is proved that the principal or employer could not, by the exercise of reasonable diligence, have prevented the commission of the offence by the agent or employee. (3) If a body corporate is guilty of an offence against this Part, each director of the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence unless the director proves that he or she could not by the exercise of due diligence have prevented the commission of the offence.