5Requirement for licensing

5 Requirement for licensing

(1)  Premises where type A procedures are undertaken require licensing as a private hospital.

(2)  Premises where type B procedures but no type A procedures are undertaken require licensing as a day-procedure centre whether or not any type C procedures are undertaken.

(3)  Any premises where only type C procedures are undertaken do not require licensing as a private hospital or a day-procedure centre unless the Secretary is satisfied that, having regard to considerations of public safety and the quality of service to be provided, the premises should be licensed as a private hospital or a day-procedure centre.

(4)  Any premises where no type A, type B or type C procedures are undertaken do not require licensing as a private hospital or a day-procedure centre unless the Secretary is satisfied that, having regard to considerations of public safety and the quality of service to be provided, the premises should be licensed as a private hospital or a day-procedure centre.

(5)  A residential care service is required to be licensed unless –

(a) the services are provided only to funded residents; or

(b) in a case where the services are provided to funded residents and residents who are not funded, the Secretary certifies in writing that he or she is satisfied that the same standards of care are, or will be, provided to all residents of the service.

(6)  The Secretary may exempt a residential care service from the requirement to be licensed if the Secretary is satisfied that –

(a) the residential care service does not provide, or is unlikely to provide, nursing care service for its residents; and

(b) a council has given approval for the service to be provided; and

(c) there are plans for fire safety and evacuation acceptable to the Tasmania Fire Service; and

(d) there are appropriate arrangements to facilitate access to any medical and nursing services as may be required by any resident; and

(e) there are acceptable guidelines to be observed for the management of medication for residents.

(7)  The Secretary may, by order published in the , declare that any premises where a service is provided, for which funding is provided by the State, is exempt from the requirement to be licensed.