New South Wales act

Private Health Facilities Act 2007

In ForceNSW

Jurisdiction

New South Wales

Act Number

9 of 2007

Collection

act

Plain English Summary

6/10 complexity

The Act creates a statewide licensing regime for private health facilities in NSW, imposing mandatory governance, staffing, record‑keeping and incident‑investigation requirements, plus fees and enforcement powers. It makes the Secretary the central decision‑maker on approvals, conditions, suspensions and directions.

It matters to facility operators (who bear application, compliance and external‑expert costs), patients (through mandated safety and review processes) and regulators: it raises and standardises private‑sector clinical standards while shifting compliance costs to providers and concentrating significant discretionary power in the Secretary.

JSON API

Deep Dive

3,944 words · generated 24/04/2026

What it does

The Private Health Facilities Act 2007 (the Act) establishes a comprehensive licensing and regulatory regime for premises in New South Wales that admit patients for medical, surgical or prescribed treatment and then discharge them, or that provide prescribed services (s 4(1) definition of “private health facility”). It expressly excludes public hospitals, public-health-organisation facilities, nursing homes under the Public Health Act 2010 and certain prescribed classes (s 4(1)).

At its core the Act pursues two objects stated in s 3: (a) maintenance of appropriate and consistent standards of health care and professional practice, and (b) planning for comprehensive, balanced and coordinated health services throughout the State. These objects are given effect through a multi-stage licensing system (Part 2), mandatory operational requirements (Part 3), a structured response-to-incidents regime (Part 4), enforcement powers (Part 5), an advisory committee (Part 6) and miscellaneous duties (Part 7).

Division 1 of Part 2 empowers the making of licensing standards by regulation (s 5). These may cover clinical standards, practitioner accreditation, staffing numbers and qualifications, equipment, clinical-area design and operational matters. An application for a licence must demonstrate compliance with these standards (s 6(2)(e)). The Secretary may grant an approval in principle (s 7), which remains effective for one year (extendable to a maximum of seven years) (s 8). Only once conditions are satisfied is a formal licence issued (s 9). Licences specify the class of facility, maximum patient numbers per ward, procedure rooms and any additional conditions (s 11). Standard conditions include insurance, appointment of a medical advisory committee, compliance with licensing standards, maintenance of reasonable patient care and safety, and provision of prescribed information to the Secretary (s 12(2)).

Current sections

Direct links to the current provisions in Private Health Facilities Act 2007.

103

Part 1

Preliminary

Part 1 Preliminary

Name of Act

1 Name of Act

This Act is the Private Health Facilities Act 2007.

Commencement

2 Commencement

This Act commences on a day or days to be appointed by proclamation.

Objects of Act

3 Objects of Act

The objects of this Act are—

(a) to maintain appropriate and consistent standards of health care and professional practice in private health facilities, and

(b) to plan for and provide comprehensive, balanced and coordinated health services throughout New South Wales.

Definitions

4 Definitions

(1) In this Act—

Advisory Committee means the Private Health Facilities Advisory Committee established under this Act.

application means—

(a) an application for a licence under section 6, or

(b) an application to transfer a licence under section 15, or

(c) an application for approval to alter or extend a private health facility under section 16, or

(d) an application for amendment of a licence under section 17.

approval in principle means an approval in principle under section 7 of an application for a licence.

authorised officer means an authorised officer appointed under section 50.

class of facility, in relation to a private health facility, means the class or classes of facility in respect of which a licence for the facility is issued.

clinical area means an area of a private health facility that is used for the provision of health services to a patient and includes any area of a facility that may be prescribed.

director of midwifery—see section 37(2)(a).

director of nursing—see section 37(2)(b).

exercise a function includes perform a duty.

function includes a power, authority or duty.

licence means a licence issued under section 9 and in force under this Act.

licensee means the holder, or any one or more of the holders, for the time being of a licence.

licensing standards means the standards prescribed under section 5.

patient means a person treated at a private health facility.

practitioner means a medical practitioner, a dentist or other health practitioner as may be prescribed by the regulations.

premises includes any land, building and part of any building.

private health facility means premises at which any person is admitted, provided with medical, surgical or other prescribed treatment and then discharged, or premises at which a person is provided with prescribed services or treatments, but it does not include—

(a) an institution conducted by or on behalf of the State, or

(b) a hospital or health service under the control of a public health organisation within the meaning of the Health Services Act 1997, or

(c) a nursing home within the meaning of the Public Health Act 2010, or

(d) premises of a class prescribed by the regulations for the purposes of this definition.

procedure room means a room in which medical or surgical procedures are conducted, and includes an operating theatre, labour room or other room prescribed by the regulations.

register of patients means the register that is required by section 38 to be kept at a private health facility.

Secretary means the Secretary of the Ministry of Health.

ward means any room (other than a labour room or operating theatre) in a private health facility in which patients are accommodated and includes any recovery room in which a patient is monitored after an operation whilst returning to his or her pre-operative state of consciousness.

Note.

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) A reference in this Act—

(a) to medical, surgical or other treatment includes a reference to a diagnosis for the purposes of any such treatment, and

(b) to the conduct of a private health facility (however expressed) is a reference to the carrying on of the business of the facility, and

(c) to a person who conducts a private health facility (however expressed) is a reference—

(i) to a corporation which conducts the facility, except where that corporation is acting only in its capacity as an agent, or

(ii) to a natural person who conducts the facility (whether jointly with other persons or alone), except where that person is acting only in the person’s capacity as an employee or an agent.

(3) Notes included in this Act do not form part of this Act.

s 4: Am 2010 No 34, Sch 2.40 [1]; 2010 No 127, Sch 4.17; 2015 No 58, Sch 3.74 [2]; 2025 No 30, Sch 7[1].

Part 2

Licensing of private health facilities

Part 2 Licensing of private health facilities

Division 1

Licensing standards

Division 1 Licensing standards

Licensing standards

5 Licensing standards

The regulations may prescribe standards for or with respect to any matter relating to the safety, care or quality of life of patients at private health facilities, including without limitation the following matters—

(a) clinical standards, including accreditation of practitioners to provide services at the facility, delineation of clinical privileges of practitioners and quality assurance,

(b) staffing, including qualifications of staff members, number of staff and duties,

(c) equipment,

(d) design and construction of clinical areas,

(e) operational matters, including administration and support services.

Division 2

Applications for and issue of licences

Division 2 Applications for and issue of licences

Application for licence

6 Application for licence

(1) An application for a licence for a private health facility is to be made to the Secretary by the person who intends to conduct the facility.

(2) An application must—

(a) be in a form approved by the Secretary, and

(b) specify the class of facility for which the licence is sought, and

(c) specify the maximum number of patients it is proposed to accommodate at any one time in each ward of the facility, and

(d) specify the number (if any) of procedure rooms that are proposed to be provided at the facility, and

(e) demonstrate that the facility can be conducted in accordance with the licensing standards, and

(f) be accompanied by any fee and any particulars and documents prescribed by the regulations in relation to an application under this section in respect of that class of facility.

Approval in principle or refusal of application

7 Approval in principle or refusal of application

(1) The Secretary must, after considering an application for a licence under this Division—

(a) give an approval in principle to the application, or

(b) refuse the application.

(2) The Secretary may give an approval in principle unconditionally or subject to conditions, including conditions relating to—

(a) the design and construction of any clinical areas to be constructed, altered or extended for the purposes of the proposed facility, and

(b) the times by which any such design and construction must be completed.

(3) In determining whether to give an approval in principle, the Secretary is not to take into account whether any such approval has been previously given or refused.

(4) The Secretary may refuse an application for a licence only if the Secretary is satisfied that—

(a) the applicant, or any of the applicants, is not a fit and proper person to be a licensee or if the applicant is a corporation, a director or a person concerned in the management of the corporation is not a fit and proper person to be a licensee, or

(b) the proposed facility is not capable of being conducted by the applicant in accordance with the licensing standards, or

(c) having regard to any development guidelines approved by the Secretary and published in the Gazette, the application should be refused, or

(d) the applicant (or, where the applicant is a corporation, any director or other person concerned in the management of the corporation) has been convicted of an offence under this Act or the regulations, or

(e) the applicant (or, where the applicant is a corporation, any director or other person concerned in the management of the corporation) has been convicted in New South Wales of an offence punishable by imprisonment for a period of 12 months or more, or is convicted elsewhere than in New South Wales of an offence which, if committed in New South Wales, would be an offence so punishable, or

(f) the applicant (being a natural person) has been bankrupt, or has applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, has compounded with his or her creditors or has made an assignment of his or her remuneration for their benefit, or

(g) where the applicant is a corporation—a receiver or manager has been appointed in respect of the property of the applicant or the applicant has been commenced to be wound up or is under official management.

(5) The Secretary must, if he or she gives an approval in principle, notify the applicant in writing of that approval and any conditions to which the approval is subject.

s 7: Am 2015 No 38, Sch 3 [1].

Period for which approval in principle remains effective

8 Period for which approval in principle remains effective

(1) An approval in principle is effective for a period of one year from the date on which the applicant is given notice of that approval under section 7 (5), subject to any extension of that period by the Secretary under this section.

(2) The Secretary may, at the request of the applicant and in accordance with this section, extend the period for which an approval in principle remains effective (an extension).

(3) An applicant may make more than one request for an extension, but any such request must be made while the approval in principle is effective.

(4) A request for an extension is to be in the form approved by the Secretary and is to be accompanied by any fee, document or information that may be prescribed by the regulations in relation to the relevant class of private health facility.

(5) The Secretary may grant an extension only if—

(a) the particular extension is for a period of no more than one year, and

(b) the total period for which the approval in principle will be effective is no more than 7 years, and

(c) the Secretary is satisfied that each applicant—

(i) has made a reasonable attempt to comply with any conditions to which the approval in principle is subject, and

(ii) is a fit and proper person to be a licensee or if the applicant is a corporation, each director and each person concerned in the management of the corporation is a fit and proper person to be a licensee.

Issue of licence approved in principle

9 Issue of licence approved in principle

(1) The Secretary must grant an application and issue a licence to an applicant if the Secretary has approved the application in principle and all conditions to which the approval in principle was subject have been complied with, unless—

(a) the approval in principle has expired, or

(b) the Secretary is satisfied that the proposed facility is not capable of being conducted by the applicant in accordance with the licensing standards, or

(c) the Secretary is satisfied that the applicant, or any of the applicants, is not a fit and proper person to be a licensee or if the applicant is a corporation, a director or a person concerned in the management of the corporation is not a fit and proper person to be a licensee.

(2) The Secretary is to notify the applicant in writing if the Secretary grants an application and issues a licence.

Division 3

Provisions relating to licences

Division 3 Provisions relating to licences

Classes of private health facilities

10 Classes of private health facilities

(1) For the purposes of this Act, the classes of private health facilities are the classes (if any) prescribed by the regulations.

(2) A private health facility may fall into more than one class, and in such a case, a provision requiring a fee to be paid under the Act in respect of a class of facility, means the highest fee that would be payable if the facility were to fall into only one of those classes.

Form of licence

11 Form of licence

Without limiting the particulars that may be included in a licence, a licence is to specify—

(a) the person to whom it is issued, and

(b) the address of the private health facility for which it is issued, and

(c) the class of facility in respect of which it is issued, and

(d) the maximum number of patients who can be accommodated at any one time in each ward of the facility, and

(e) any conditions to which the licence is subject (other than the conditions referred to in section 12 (2)).

Conditions of licence

12 Conditions of licence

(1) The Secretary may issue a licence subject to such conditions as may be specified in the licence.

Note.

Conditions, other than those referred to in subsection (2), may be amended by the Secretary under section 17 (3) (c).

(2) A licence is subject to the conditions that the licensee, in respect of the facility concerned, must—

(a) hold or otherwise be covered by insurance, or other liability cover, as may be prescribed by the regulations in relation to that class of facility, and

(b) ensure that, at all times, a medical advisory committee is appointed in accordance with this Act and the regulations in respect of the facility, and

(c) comply with all other provisions of this Act and the regulations, and

(d) ensure that the facility is conducted in accordance with the licensing standards applicable to it, and

(e) ensure that reasonable standards of patient care and safety are maintained at the facility, and

(f) provide to the Secretary, in the time and way specified by the Secretary, information prescribed by the regulations or specified by the Secretary.

s 12: Am 2024 No 22, Sch 7[1].

12A

12A (Repealed)

Duration of licence

13 Duration of licence

A licence comes into force from the date on which the applicant is notified by the Secretary under section 9 (2) or 15 (5) or when a new licence is issued under section 17 (4) (b) and remains in force (except when suspended) until cancelled under this Act.

Annual licence fees

14 Annual licence fees

(1) The licensee of a private health facility must, on or before 31 December in each year, or such other date as may be notified to the licensee in writing by the Secretary, pay to the Secretary the annual licence fee (if any) prescribed by the regulations in relation to that class of facility.

(2) The Secretary may accept a late payment of an annual licence fee, but only if an additional late fee of 50% of the annual licence fee is paid at the same time as the licence fee.

Transfer of licence to another licensee

15 Transfer of licence to another licensee

(1) A person who intends to take over the conduct of a private health facility may, with the consent of the licensee of the facility, apply to the Secretary to transfer the relevant licence from the licensee to the applicant.

(2) Except as provided by subsection (4), the Secretary must, if the application is made in accordance with this section, transfer the licence to the applicant—

(a) by an appropriate endorsement on the licence, or

(b) by cancelling the licence and issuing a new licence in respect of the facility to the applicant.

(3) An application under this section must—

(a) be in a form approved by the Secretary, and

(b) be accompanied by any fee and any particulars and documents prescribed by the regulations in relation to an application under this section in respect of that class of facility.

(4) The Secretary may refuse an application under this section only if the Secretary is satisfied—

(a) that the applicant, or any of the applicants, is not a fit and proper person to be a licensee or if the applicant is a corporation, a director or a person concerned in the management of the corporation is not a fit and proper person to be a licensee, or

(b) that the proposed facility is not capable of being conducted by the applicant in accordance with the licensing standards.

(5) The Secretary is to notify the applicant in writing if the Secretary approves an application.

Alterations or extensions to licensed facilities

16 Alterations or extensions to licensed facilities

(1) The licensee of a private health facility must not cause or permit any clinical areas of the facility to be altered or extended (whether by construction of new buildings or otherwise) unless—

(a) the approval of the Secretary to the alteration or extension is first obtained, and

(b) the facility is altered or extended in accordance with plans and specifications approved by the Secretary.

Maximum penalty—1,000 penalty units.

(2) An application for approval under this section must—

(a) be in a form approved by the Secretary, and

(b) be accompanied by any fee and any particulars and documents prescribed by the regulations in relation to an application under this section in respect of that class of facility.

(3) The Secretary may refuse an application under this section for any reason the Secretary might refuse under Division 2 an application for a licence for the facility as altered or extended.

(4) The approval of the Secretary is not required under this section for any alteration or extension required to be carried out under an improvement notice given under Part 5.

Amendment of licences

17 Amendment of licences

(1) An application to amend a licence for a private health facility is to be made to the Secretary by the licensee of the facility.

(2) An application must—

(a) be in a form approved by the Secretary, and

(b) specify the facility to which the licence relates, and

(c) specify the amendment that is sought, and

(d) demonstrate that the facility can, if the amendment is granted, be conducted in accordance with the licensing standards, and

(e) be accompanied by any fee and any particulars and documents prescribed by the regulations in relation to an application under this section in respect of that class of facility.

(3) The Secretary may on the application of the licensee, or if the Secretary otherwise considers it necessary, amend a licence in any one or more of the following ways—

(a) by amending the class of private health facility to which the licence relates,

(b) by amending the number of patients who may be accommodated at any one time in each ward of the private health facility,

(c) by amending or revoking any condition of the licence (other than a condition referred to in section 12 (2)) or attaching further conditions to the licence.

(4) A licence may be amended under this section—

(a) by endorsing the licence with the amendment, or

(b) by cancelling the licence and issuing a new licence incorporating the amendment, or

(c) by notice in writing served on the licensee.

(5) If a notice is served under subsection (4) (c), the licence to which it relates is immediately taken to be amended in accordance with the notice.

(6) The Secretary may, by notice in writing served on a licensee, require the licensee to forward his or her licence to the Secretary for the purposes of this section.

(7) A licensee must comply with a notice served on the licensee under subsection (6).

Maximum penalty—50 penalty units.

(8) The Secretary may refuse an application under this section if the Secretary is satisfied on any of the grounds set out in section 7 (4).

s 17: Am 2011 No 2, Sch 1.24 [1].

Division 4

General provisions relating to applications

Division 4 General provisions relating to applications

Additional information

18 Additional information

(1) The Secretary may, by notice in writing served on an applicant, direct the applicant to provide to the Secretary any information the Secretary may reasonably require for the purpose of determining the application.

(2) Despite any other provision of this Act, the Secretary may refuse an application on the ground that the applicant has failed to comply with a direction under this section.

Notice of reasons for refusal of application

19 Notice of reasons for refusal of application

(1) If the Secretary refuses an application, he or she is to notify the applicant in writing of the following—

(a) that the application has been refused,

(b) the grounds on which it has been refused,

(c) if the application has been refused on the ground that an applicant (or if the applicant is a corporation, a director or a person concerned in the management of the corporation) is not a fit and proper person to be a licensee—the reasons why the person is not a fit and proper person to be a licensee,

(d) that the applicant can apply under Division 5 for a review of the decision to refuse the application.

(2) A person whose application has been refused for any reason is not entitled to a refund of any fee paid in relation to that application.

Advertising of applications

20 Advertising of applications

(1) Before—

(a) approving in principle an application for a licence, or refusing any such application, or

(b) determining an application to transfer a licence,

the Secretary is to publicly advertise the application in the manner the Secretary thinks fit.

(2) The Secretary is to take into consideration any representations made in relation to an application within the time specified in the advertisement.

Amendment of applications

21 Amendment of applications

An applicant may, with the approval of the Secretary, amend his or her application.

Division 5

Review of decisions of Secretary

Division 5 Review of decisions of Secretary

Definition

22 Definition

In this Division, decision of the Secretary means—

(a) a decision of the Secretary to refuse an application, or

(b) a determination by the Secretary, when issuing a licence, of the class of facility for which the licence is issued, or

(c) a determination by the Secretary, when issuing a licence, of the maximum number of patients who may be accommodated at any one time in each ward of the private health facility for which the licence is issued, or

(d) a determination by the Secretary of the conditions subject to which a licence is issued, or

(e) a decision of the Secretary to amend a licence (otherwise than on the application of the licensee).

Chairperson of Committees of Review

23 Chairperson of Committees of Review

(1) The Minister may appoint a person to be Chairperson of Committees of Review.

(2) Schedule 1 has effect with respect to the Chairperson of Committees of Review.

Application for review of Secretary’s decision

24 Application for review of Secretary’s decision

(1) A person aggrieved by a decision of the Secretary in relation to a private health facility may apply to the Minister to review the decision.

(2) An application under this section must—

(a) be in a form approved by the Minister, and

(b) be accompanied by any fee and any particulars and documents prescribed by the regulations in relation to an application under this section in respect of that class of facility, and

(c) must be made within 30 days after the day on which the person is notified of the decision.

(3) On receipt of an application for review, the Minister is to forward the application to the Chairperson of Committees of Review, who is to establish a Committee of Review to advise the Minister on the application.

Constitution of Committee of Review

25 Constitution of Committee of Review

(1) A Committee of Review is to comprise the Chairperson of Committees of Review and 3 other persons appointed by the Chairperson, being—

(a) a person with knowledge of the private health facility industry, and

(b) a person with experience as a health care practitioner in a private health facility, and

(c) a person who can represent the views of consumers of services provided by private health facilities.

(2) The Chairperson may not appoint a person if the Chairperson knows, or has reason to believe, that the person has a pecuniary interest in the subject-matter of the application for review.

(3) Schedule 2 has effect with respect to Committees of Review.

Committee of Review to make recommendation to Minister

26 Committee of Review to make recommendation to Minister

(1) A Committee of Review may investigate the subject-matter of an application for review to the extent it considers necessary.

(2) A Committee of Review must, after its investigation, give a written report to the Minister recommending that the decision of the Secretary be confirmed, or that the decision be revoked and—

(a) in the case of a decision to refuse an application, recommend that the application concerned be granted, or

(b) in any other case, recommend that the Secretary be directed to take such other action under this Act as the Committee considers appropriate.

(3) A Committee of Review is, in its report, to give reasons for its recommendation.

(4) If the members of a Committee of Review are unable to agree on the recommendation that the Committee should make to the Minister, the Committee’s report is to include the recommendation, and the reasons for the recommendation, of each member.

Determination of application for review by Minister

27 Determination of application for review by Minister

(1) The Minister may, in relation to an application for review, after such investigation as the Minister considers necessary and after having regard to the report of the Committee of Review, either—

(a) confirm the decision of the Secretary, or

(b) revoke that decision and—

(i) in the case of a decision to refuse an application, direct the Secretary to grant the application concerned, or

(ii) in any other case, direct the Secretary to take such other action under this Act as the Minister considers appropriate.

(2) The Secretary is to give effect to a direction of the Minister under this section.

(3) The Minister is not required, before determining an application for review under this section, to have regard to a report of the Committee of Review to which the application has been referred if that Committee has failed to submit a report to the Minister within such time as the Minister may have communicated to the Chairperson of Committees of Review.

Applicant to provide information

28 Applicant to provide information

The Minister or a Committee of Review to which an application for review is referred may (as a condition of dealing with the application) require the applicant—

(a) to provide the Minister or the Committee (as the case may require) with such additional information as the Minister or the Committee may reasonably require to determine the application, and

(b) to allow the Minister or members of the Committee (or a person nominated by the Minister or the Committee) to enter and inspect any premises to which the application for review relates.

Division 6

Suspension and cancellation of licences

Division 6 Suspension and cancellation of licences

Suspension of licence

29 Suspension of licence

(1) The Secretary may suspend a licence in respect of a private health facility if—

(a) the licensee is in breach of a licensing standard and that breach is likely to cause a serious and substantial risk to the health or safety of patients at the facility, or

(b) the licensee does not have a medical advisory committee appointed in accordance with this Act in respect of the facility.

(2) A licence is suspended—

(a) from the date notice of the suspension is given in writing by the Secretary to the licensee, and

(b) until the date specified in the notice as the date when the period of suspension ends, or if no such date is specified, until the Secretary gives a further written notice to the licensee ending the period of suspension.

(3) A licence ceases to be in force during any period that it is suspended.

(4) The Secretary may, as he or she thinks fit, notify any person of a decision to suspend a licence under this section.

Cancellation of licence without notice

30 Cancellation of licence without notice

(1) The Secretary may cancel the licence for a private health facility (including a licence that is suspended) without holding an inquiry or giving any notice to the licensee—

(a) if the licensee requests the Secretary in writing to cancel the licence, or

(b) if the premises to which the licence relates have ceased to be a facility of a class in respect of which the licence was issued.

(2) The Secretary may, as he or she thinks fit, notify any person of a decision to cancel a licence under this section.

Cancellation of licence with notice

31 Cancellation of licence with notice

(1) The Secretary may cancel the licence for a private health facility (including a licence that is suspended)—

(a) if the annual licence fee (and any late fee) payable under this Act in respect of the facility has not been paid within 3 months after the due date, or

(b) if the Secretary is satisfied that the licensee, or any of the licensees, is not a fit and proper person to be a licensee or if the licensee is a corporation, a director or a person concerned in the management of the corporation is not a fit and proper person to be a licensee, or

(c) if the licensee breaches any condition to which the licence is subject, or

(d) if the licensee (or, where the licensee is a corporation, any director or other person concerned in the management of the corporation) is convicted of an offence under this Act or the regulations, or

(e) if the licensee (or, where the licensee is a corporation, any director or other person concerned in the management of the corporation) is convicted in New South Wales of an offence punishable by imprisonment for a period of 12 months or more, or is convicted elsewhere than in New South Wales of an offence which, if committed in New South Wales, would be an offence so punishable, or

(f) if the licensee (being a natural person) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or

(g) where the licensee is a corporation, if a receiver or manager has been appointed in respect of the property of the licensee or if the licensee is commenced to be wound up or is under official management, or

(h) if the facility is conducted in such a manner that the cancellation of the licence is otherwise in the public interest.

(2) The Secretary may, for the purpose of exercising any of the Secretary’s powers under subsection (1), cause an inquiry to be made by a person appointed by the Secretary for that purpose.

(3) The Secretary is not to cancel a licence under this section unless, before cancelling the licence, the Secretary—

(a) has given notice to the licensee that the Secretary intends to cancel the licence, and

(b) has specified in that notice the reasons for the Secretary’s intention to cancel the licence, and

(c) has given the licensee (whether in the course of an inquiry under subsection (2) or otherwise) a reasonable opportunity to make submissions to the Secretary in relation to the proposed cancellation, and

(d) has taken into consideration any such submissions by the licensee.

(4) The cancellation of a licence under this section does not take effect until the expiration of 14 days after notice of the Secretary’s decision is served on the licensee, subject to any order made by the Civil and Administrative Tribunal under Division 2 of Part 3 of Chapter 3 of the Administrative Decisions Review Act 1997.

(5) The Secretary may, as he or she thinks fit, notify any person of a decision to cancel a licence under this section.

s 31: Am 2013 No 95, Sch 2.119 [1].

Right to apply to Civil and Administrative Tribunal for administrative review

32 Right to apply to Civil and Administrative Tribunal for administrative review

(1) The licensee of a private health facility may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of a decision of the Secretary to suspend or cancel the licence for the facility (except where the cancellation occurs in accordance with section 30).

(2) An application under subsection (1) must be made within 30 days after the notice of the decision is served on the licensee.

s 32: Am 2013 No 95, Sch 2.119 [2].

Part 3

Conduct of private health facilities

Part 3 Conduct of private health facilities

Unlicensed private health facility

33 Unlicensed private health facility

A person must not conduct a private health facility unless—

(a) the private health facility is licensed, and

(b) the person is the licensee.

Maximum penalty—5,000 penalty units.

33A

Certain services or treatments must not be performed at unlicensed facility

33A Certain services or treatments must not be performed at unlicensed facility

(1) The regulations may prescribe specified services or treatments or classes of services or treatments that must not be performed at a private health facility unless the private health facility has a licence or has a licence of a particular class.

(2) A person must not perform a service or treatment at a private health facility in contravention of a regulation made for the purposes of this section.

Maximum penalty—500 penalty units.

(3) It is a defence to a prosecution under this section if the accused person establishes that the person had reasonable grounds for believing the private health facility had a licence that permitted the provision of the service or treatment.

s 33A: Ins 2018 No 22, Sch 4 [1].

Executor or administrator regarded as licensee

34 Executor or administrator regarded as licensee

If the only licensee of a private health facility dies, the executor of the will or administrator of the estate of the licensee is taken to be the licensee for a period not exceeding 2 months or such longer period following the death as the Secretary may, in any particular case, approve.

Purposes for which facilities may be used

35 Purposes for which facilities may be used

The licensee of a private health facility must not cause or permit the licensed premises to be used for any purpose other than the following purposes—

(a) a private health facility of the class specified in the licence,

(b) a pharmacist’s shop or dispensary,

(c) a purpose permitted by the licence,

(d) a purpose permitted by the regulations.

Maximum penalty—1,000 penalty units.

Overcrowding

36 Overcrowding

(1) The licensee of a private health facility must not cause or permit the number of patients accommodated at any one time in a ward of the facility to exceed the number of patients specified in the licence in relation to that ward of the facility.

Maximum penalty—1,000 penalty units.

(2) The licensee is not guilty of an offence under this section in respect of anything done in an emergency.

Mandatory staffing requirements for private health facilities

37 Mandatory staffing requirements for private health facilities

(1) The licensee of a private health facility must, at all times there is a patient at the facility, ensure there is—

(a) for a facility prescribed by the regulations—a midwife on duty, or

(b) otherwise—a registered nurse on duty.

Maximum penalty—1,000 penalty units.

(2) The licensee of a private health facility must ensure that—

(a) for a facility prescribed by the regulations—a midwife is appointed to be responsible for the care of patients at the facility (the director of midwifery), or

(b) otherwise—a registered nurse is appointed to be responsible for the care of patients at the facility (the director of nursing).

Maximum penalty—1,000 penalty units.

(3) The licensee of a private health facility must ensure that a vacancy in the position of director of midwifery or director of nursing for the facility is filled within 7 days, or another period prescribed by the regulations, after the vacancy occurs.

Maximum penalty—1,000 penalty units.

(4) The licensee of a private health facility must, except as provided by the regulations, give the Secretary written notice in accordance with this section of the name and qualifications of the person appointed as director of midwifery or director of nursing for the facility.

Maximum penalty—50 penalty units.

(5) A notice under subsection (4) must be given before the person is appointed or, if that is not practicable, immediately after the person’s appointment.

(6) The regulations may—

(a) prescribe the minimum necessary qualifications for a person to be appointed as the director of midwifery or director of nursing for a private health facility, and

(b) prescribe information that must accompany a notice under subsection (4).

(7) Nothing in this Act prevents the licensee of a private health facility, if qualified, from carrying out the duties of director of midwifery or director of nursing for the facility.

(8) It is a defence to the prosecution of an offence under this section if the person charged proves that the person took all reasonable steps to comply with the relevant requirements under this section.

s 37: Subst 2025 No 30, Sch 7[2].

Register of patients

38 Register of patients

(1) The licensee of a private health facility must cause a register of patients to be kept at the facility.

(2) The register of patients is to be kept in a form approved by the Secretary subject to any requirements that may be prescribed by the regulations.

(3) The following particulars must be entered in the register of patients—

(a) the name, age and residential address of each patient at the facility,

(b) the date when the patient was received at the facility,

(c) the date when the patient left the facility or, in the event of the patient’s death, the date of death,

(d) the name of the practitioner attending the patient,

(e) any other particulars that may be prescribed.

(4) The particulars must be entered in the register of patients by the persons, at the time, and in the manner, prescribed for the purposes of this subsection.

(5) A person must not—

(a) enter in the register of patients any particular that the person knows or has reason to believe to be false or misleading in a material particular, or

(b) wilfully fail to enter in the register of patients any particular that the person is required to enter.

Maximum penalty—1,000 penalty units.

Medical advisory committee

39 Medical advisory committee

(1) The licensee of a private health facility must appoint, in accordance with any requirements prescribed by the regulations, a medical advisory committee for the facility consisting of the following—

(a) at least 5 medical practitioners registered under the Health Practitioner Regulation National Law (NSW),

(b) the persons prescribed by the regulations for the class of private health facility,

(c) other health practitioners the licensee considers appropriate.

Maximum penalty—1,000 penalty units.

(2) The medical advisory committee is to be responsible for—

(a) advising the licensee on the accreditation of practitioners to provide services at the facility and the delineation of their clinical responsibilities, and

(b) advising the licensee on matters concerning clinical practice at the facility, and

(c) advising the licensee on matters concerning patient care and safety at the facility, and

(d) any other matter that may be prescribed by the regulations.

(3) The medical advisory committee may include nominees or representatives of other health care providers, learned colleges or other relevant professional organisations.

(4) It is a duty of a medical advisory committee of a private health facility to report to the Secretary any repeated failure by the licensee of the facility to act on the committee’s advice on matters specified in subsection (2) where that failure is likely to adversely impact on the health or safety of patients.

(5) A licensee of a private health facility may be a member of the medical advisory committee for the facility, but must not chair the committee and must not, with other licensees of the facility, comprise a majority of the committee.

(6) The licensee of a private health facility must, as soon as is reasonably practicable, notify the Secretary in writing—

(a) of the name, contact details and qualifications of each person who becomes a member of a medical advisory committee for the facility, and

(b) of the date on which each such person ceases to be a member of the committee.

(7) Despite any other provision of this section, the licensee of a private health facility is responsible for the safety of patients at the facility and for clinical governance of the facility.

s 39: Am 2010 No 34, Sch 2.40 [2]; 2017 No 50, Sch 5.26; 2025 No 30, Sch 7[3].

Act and regulations to be readily available

40 Act and regulations to be readily available

The licensee of a private health facility must, at all times while the facility is being conducted, ensure that the director of midwifery or director of nursing of the facility has ready access to a copy of this Act and the regulations.

Maximum penalty—50 penalty units.

s 40: Am 2025 No 30, Sch 7[4].

Part 4

Response to incidents

Part 4 Response to incidents

pt 4: Subst 2018 No 73, Sch 6[1].

Definitions

41 Definitions

In this Part—

assessor means an assessor appointed under Division 2.

health practitioner has the same meaning it has in the Health Practitioner Regulation National Law (NSW).

health service includes any administrative or other service related to a health service.

impairment has the same meaning it has in the Health Practitioner Regulation National Law (NSW).

incident reviewer—see section 49B.

performance or impairment issue, in relation to a health practitioner, means—

(a) professional misconduct, unsatisfactory professional conduct or unsatisfactory professional performance by the health practitioner, or

(b) the health practitioner suffering from an impairment.

professional misconduct and unsatisfactory professional conduct have the same meanings as they have in Part 8 of the Health Practitioner Regulation National Law (NSW).

reportable incident means an incident of a type prescribed by the regulations or set out in a document adopted by the regulations.

serious adverse event review means a root cause analysis or any other type of review prescribed by the regulations.

serious adverse event review team means a serious adverse event review team appointed under Division 3.

unsatisfactory professional performance means professional performance that is unsatisfactory within the meaning of Division 5 of Part 8 of the Health Practitioner Regulation National Law (NSW).

s 41: Subst 2018 No 73, Sch 6[1].

Appointment of assessors to assess incidents

42 Appointment of assessors to assess incidents

(1) When an incident involving the provision of a health service by a private health facility is reported to the licensee of the facility, the licensee must appoint one or more assessors to carry out a preliminary risk assessment of the incident if—

(a) the licensee is of the opinion that the incident is (or may be) a reportable incident, or

(b) the incident is not a reportable incident but may be the result of a serious systemic problem and the licensee is of the opinion that a preliminary risk assessment of the incident should be carried out.

(2) Assessors may be appointed in response to a particular incident or otherwise.

(3) The persons appointed as assessors in respect of an incident must (subject to the regulations) be persons that the licensee reasonably considers can properly carry out a preliminary risk assessment of the incident.

s 42: Am 2010 No 52, Sch 2.2 [1] [2]. Subst 2018 No 73, Sch 6[1].

Functions of assessors in relation to incidents

43 Functions of assessors in relation to incidents

An assessor is to carry out a preliminary risk assessment of the incident and is to provide advice (in writing or otherwise) to the licensee to assist the licensee in understanding the events comprising the incident and the measures required to appropriately manage the incident and remove or mitigate any risk.

s 43: Am 2010 No 52, Sch 2.2 [3]. Subst 2018 No 73, Sch 6[1].

Immediate notification if person at risk

44 Immediate notification if person at risk

An assessor must immediately advise the licensee and the chair of the medical advisory committee for the private health facility in writing if the assessor is of the opinion that the incident in respect of which the assessor was appointed raises matters that indicate a problem giving rise to a risk of serious or imminent harm to a person.

s 44: Am 2010 No 52, Sch 2.2 [2] [4]–[8]. Subst 2018 No 73, Sch 6[1].

Outcome of assessment of incidents

45 Outcome of assessment of incidents

(1) A licensee may only disclose an advice of an assessor or any information obtained from the advice as follows—

(a) to provide the advice to the Secretary,

(b) to advise a serious adverse event review team appointed to carry out a serious adverse event review of the incident to which the advice relates,

(c) to provide relevant information to a patient involved in the incident, a family member or carer of the patient or a person nominated by any such patient, family member or carer,

(d) to a law enforcement agency or regulatory body,

(e) in any other manner as may be prescribed by the regulations.

(2) A licensee must take reasonable steps to not disclose information that identifies a person (other than the patient involved in the incident) when it provides information under subsection (1) (c).

s 45: Am 2010 No 52, Sch 2.2 [9]. Subst 2018 No 73, Sch 6[1].

Appointment of team to review incidents

46 Appointment of team to review incidents

(1) Following the preliminary risk assessment of an incident involving the provision of a health service by a private health facility, the licensee must appoint one or more persons as a serious adverse event review team to carry out a serious adverse event review of the incident if—

(a) the incident is a reportable incident, or

(b) the incident is not a reportable incident but may be the result of a serious systemic problem and the licensee is of the opinion that a serious adverse event review of the incident should be carried out.

(2) The serious adverse event review team must be appointed within 30 days of the incident.

(3) Despite subsection (1), a licensee may, but is not required to, appoint a serious adverse event review team to carry out a serious adverse event review of an incident in circumstances prescribed by the regulations.

(4) The persons appointed as a serious adverse event review team in respect of an incident must (subject to the regulations) be persons that the licensee reasonably considers can properly carry out a serious adverse event review of the incident.

(5) The licensee is to cause a written record to be kept of the persons appointed as a serious adverse event review team.

(6) The Secretary may issue directions setting out the type of serious adverse event review, and the manner in which the serious adverse event review is to be carried out, in respect of an incident or a class of incidents.

s 46: Am 2010 No 52, Sch 2.2 [10] [11]. Subst 2018 No 73, Sch 6[1].

Serious adverse event review of incident

47 Serious adverse event review of incident

(1) A serious adverse event review team is to carry out a serious adverse event review of the incident in respect of which it was appointed.

(2) A serious adverse event review team must, on completion of the serious adverse event review of an incident, prepare a written report that sets out a description of the incident and details of the following findings identified by the team—

(a) how the incident occurred,

(b) any factors that caused or contributed to the incident.

(3) The report must also include the serious adverse event review team’s recommendations (if any) about changes or improvements in relation to a procedure, practice or system (including clinical redesign) arising out of the incident unless the licensee determines that those recommendations are instead to be developed and included in a second report.

(4) If the licensee determines that the recommendations are to be developed and included in a second report, the licensee may appoint additional persons to the serious adverse event review team for the purpose of developing the recommendations and preparing the second report.

(5) The serious adverse event review team must provide any report prepared under this section to the licensee and provide a copy of the report to the chair of the medical advisory committee for the private health facility.

(6) The licensee must, within 30 days after being provided with a report under this section, forward a copy of the report to the Secretary.

Maximum penalty—50 penalty units.

(7) Subject to section 49E, the contents of a report under this section may be disclosed to any person and used for any purpose.

s 47: Subst 2010 No 52, Sch 2.2 [12]. Subst 2018 No 73, Sch 6[1].

Immediate notification if person at risk

48 Immediate notification if person at risk

A serious adverse event review team must immediately advise the licensee and the chair of the medical advisory committee for the private health facility in writing if it is of the opinion that the incident in respect of which it was appointed raises matters that indicate a problem giving rise to a risk of serious or imminent harm to a person.

s 48: Subst 2018 No 73, Sch 6[1].

Notification about performance or impairment of health practitioner

49 Notification about performance or impairment of health practitioner

(1) A serious adverse event review team must advise the licensee and the chair of the medical advisory committee for the private health facility in writing as soon as practicable once it is of the opinion that the incident in respect of which it was appointed raises matters that may involve a performance or impairment issue (other than unsatisfactory professional performance) in relation to a health practitioner.

(2) A serious adverse event review team may advise the licensee and the chair of the medical advisory committee for the private health facility in writing if it is of the opinion that the incident raises matters that may involve unsatisfactory professional performance by a health practitioner.

(3) A written advice under this section must disclose the identity of the health practitioner to whom the notification relates (regardless of whether the health practitioner consents to the disclosure) and the nature of the concern, and specify whether the notification relates to—

(a) professional misconduct, unsatisfactory professional conduct or unsatisfactory professional performance by the health practitioner, or

(b) the health practitioner suffering from an impairment.

s 49: Am 2010 No 52, Sch 2.2 [13]. Subst 2018 No 73, Sch 6[1].

49A

Discontinuing serious adverse event review

49A Discontinuing serious adverse event review

(1) The licensee may authorise a serious adverse event review team to discontinue taking any further steps in relation to a serious adverse event review of an incident—

(a) if advice has been provided to the licensee and the chair of the medical advisory committee for the private health facility under section 49 and the licensee and chair are both of the opinion that the incident was substantially caused by a performance or impairment issue in relation to a health practitioner and the team is not likely to identify any other root causes, contributory factors or system improvements, or

(b) in circumstances prescribed by the regulations.

(2) A serious adverse event review team that is authorised under this section may, if it considers it to be appropriate, determine to take no further steps in relation to the serious adverse event review and in such a case may discontinue the review.

s 49A: Ins 2018 No 73, Sch 6[1].

49B

Meaning of “incident reviewer”

49B Meaning of “incident reviewer”

In this Part—

incident reviewer means a member of a serious adverse event review team or an assessor.

pt 4, div 5 (ss 49B–49H): Ins 2018 No 73, Sch 6[1].

49C

Restrictions on incident reviewers

49C Restrictions on incident reviewers

(1) An incident reviewer does not have authority to carry out an investigation relating to the competence of an individual in providing services.

(2) Except as otherwise provided by or under this Part, an advice or report furnished by a serious adverse event review team must not disclose—

(a) the name or address of an individual who is a provider or recipient of services unless the individual has consented in writing to that disclosure, or

(b) as far as is practicable, any other material that identifies, or may lead to the identification of, such an individual.

(3) An incident reviewer is to act in a fair and reasonable manner in the exercise of his or her functions as an incident reviewer.

pt 4, div 5 (ss 49B–49H): Ins 2018 No 73, Sch 6[1].

49D

Disclosure of information

49D Disclosure of information

A person who is or was an incident reviewer must not make a record of, or divulge or communicate to any person, any information acquired by the person as such a reviewer, except—

(a) for the purpose of exercising the functions of an incident reviewer, or

(b) for the purpose of any advice provided as an incident reviewer, or

(c) for the purpose of any advice or report under this Part, or

(d) in accordance with the regulations.

Maximum penalty—50 penalty units.

pt 4, div 5 (ss 49B–49H): Ins 2018 No 73, Sch 6[1].

49E

Information not to be given in evidence

49E Information not to be given in evidence

(1) A person is neither competent nor compellable to produce any document or disclose any communication (or to disclose any information that the person obtained from any such document or communication) to a court, tribunal, board, person or body if the document was prepared, or the communication was made, for the dominant purpose of the exercise of a function under this Part by an incident reviewer.

(2) This section does not apply to a requirement made—

(a) in proceedings in respect of any act or omission by an incident reviewer, or

(b) by a person or body who has been approved by the Secretary to carry out a review or audit of an assessment or review by an incident reviewer.

pt 4, div 5 (ss 49B–49H): Ins 2018 No 73, Sch 6[1].

49F

Advice and reports not to be admitted in evidence

49F Advice and reports not to be admitted in evidence

(1) Evidence as to the contents of an advice or report of an incident reviewer cannot be adduced or admitted in any proceedings.

(2) Subsection (1) does not apply to proceedings in respect of any act or omission by an incident reviewer.

pt 4, div 5 (ss 49B–49H): Ins 2018 No 73, Sch 6[1].

49G

Personal liability of incident reviewers

49G Personal liability of incident reviewers

(1) Anything done by an incident reviewer or any person acting under the direction of an incident reviewer, in good faith for the purposes of the exercise of the incident reviewer’s functions, does not subject the incident reviewer or person personally to any action, liability, claim or demand.

(2) Without limiting subsection (1), an incident reviewer has qualified privilege in proceedings for defamation in respect of—

(a) any statement made orally or in writing in the exercise of the functions of an incident reviewer, or

(b) the contents of any advice or report or other information published by an incident reviewer.

(3) An incident reviewer is, and is entitled to be, indemnified in respect of any costs incurred in defending proceedings in respect of a liability against which the reviewer is protected by this section by the licensee in respect of the incident for which the incident reviewer was appointed.

pt 4, div 5 (ss 49B–49H): Ins 2018 No 73, Sch 6[1].

49H

Regulations for purposes of Part

49H Regulations for purposes of Part

The regulations may make provision for or with respect to the following—

(a) the appointment of persons as members of a serious adverse event review team or as assessors,

(b) the functions of incident reviewers and the manner in which they are to exercise those functions,

(c) the procedures of a preliminary risk assessment or a serious adverse event review,

(d) permitting or requiring incident reviewers or a licensee to make specified information (including personal information and health information) available to the public,

(e) permitting or requiring incident reviewers to furnish reports concerning their activities to the Minister, the Secretary or licensees,

(f) the carrying out of reviews or audits of any preliminary risk assessment or serious adverse event review,

(g) the notification by a licensee of incidents to persons or bodies who may be required to exercise functions under this Part or Part 2A of the Health Administration Act 1982,

(h) the exchange of information between a licensee and persons or bodies who may be required to exercise functions under this Part or Part 2A of the Health Administration Act 1982 for the purposes of the exercise of those functions.

pt 4, div 5 (ss 49B–49H): Ins 2018 No 73, Sch 6[1].

Part 5

Enforcement

Part 5 Enforcement

Authorised officers

50 Authorised officers

(1) The Secretary may appoint a person employed in the Ministry of Health, or a person of a class prescribed by the regulations, to be an authorised officer for the purposes of this Act.

(2) An authorised officer may exercise such functions as are conferred on an authorised officer by this Act or the regulations.

(3) The Secretary is to provide each authorised officer with an identification card that—

(a) states that it is issued under this Act, and

(b) gives the name of the person to whom it is issued, and

(c) describes the nature of the powers conferred, and

(d) states the date (if any) on which it expires, and

(e) is signed by the Secretary.

(4) In the course of exercising the functions of an authorised officer under this Act, the authorised officer must, if requested to do so by a person affected by the exercise of any such function, produce the authorised officer’s identification card to the person.

s 50: Am 2015 No 58, Sch 3.74 [3].

Power to enter and inspect

51 Power to enter and inspect

(1) An authorised officer may, at any time, enter and inspect any premises for the purposes of determining whether there has been a contravention of this Act, the regulations or a licence condition.

(1A) The authorised officer may enter and inspect the premises either alone or together with such other persons as the authorised officer considers necessary.

(2) The powers of entry conferred by this section are not exercisable in relation to any part of premises used only for residential purposes except with the permission of the occupier of the premises.

(3) An authorised officer may do any one or more of the following—

(a) direct a person to furnish any document or other thing that is in the possession, or under the control, of the person,

(b) inspect and copy all or part of any document or other thing,

(c) take and retain possession of any prescribed document or other thing for the period necessary to inspect and copy all or part of it,

(d) take photographs or video recordings,

(e) make such investigations and inquiries as may be necessary to ascertain whether an offence under this Act is being or has been committed.

(4) If an authorised officer has possession of any document or other thing pursuant to subsection (3) (c), the authorised officer must at any reasonable time—

(a) permit the inspection of it by a person who is entitled to inspect it, and

(b) permit a person to make an entry in it if the person is required to do so under this or any other Act or law.

(5) Subsection (3) (c) does not authorise an authorised officer to remove any document or other thing if—

(a) it relates to a person who is then a patient of the facility, and

(b) it may be required to be referred to for the purposes of providing the patient with nursing care or medical, surgical or other treatment.

s 51: Am 2018 No 22, Sch 4 [2]–[4].

51A

Power of authorised officers to require answers

51A Power of authorised officers to require answers

(1) An authorised officer may, by notice in writing, direct a person whom the authorised officer suspects on reasonable grounds to have knowledge of matters about which the authorised officer requires information in connection with the exercise of the authorised officer’s functions—

(a) to answer questions in relation to those matters, and

(b) if a meeting with the authorised officer is reasonably necessary to enable questions in relation to those matters to be properly asked and answered, to meet with the authorised officer to answer such questions.

(2) The Secretary may, by notice in writing, direct a corporation to nominate, in writing and within a specified time, a director or officer of the corporation to represent the corporation for the purpose of answering any such questions.

(3) Answers given by the nominated person bind the corporation.

(4) The place and time at which a person may be directed to attend under subsection (1) (b) is to be—

(a) a place or time nominated by the person, or

(b) if the place and time so nominated is unreasonable in the circumstances or if the person fails to nominate a place and time, a place and time nominated by the authorised officer.

(5) An authorised officer may record any questions and answers under this section if the person to be questioned has been informed that the record is to be made.

(6) A record may be made by any method, including sound or video recording.

(7) A copy of any such record must be provided to the person who is questioned as soon as practicable after the record is made.

s 51A: Ins 2018 No 22, Sch 4 [5].

51B

Requirement to provide information and documents

51B Requirement to provide information and documents

(1) An authorised officer may, by notice in writing, direct a person to furnish to the authorised officer such information or documents as the authorised officer requires in connection with the exercise of the authorised officer’s functions.

(2) A notice under this section must specify the manner in which, and the time by which, the information or documents to which the notice relates must be furnished.

(3) A notice under this section may only require a person to furnish existing documents that are in the person’s possession or that are within the person’s power to obtain lawfully.

(4) The authorised officer to whom a document is furnished under this section may take copies of it.

(5) If any document required to be furnished under this section is in electronic, mechanical or other form, the notice requires the document to be furnished in written form, unless the notice otherwise provides.

s 51B: Ins 2018 No 22, Sch 4 [5].

Improvement notices

52 Improvement notices

(1) An authorised officer may give an improvement notice to a licensee of a private health facility requiring the licensee to take the action specified in the notice within the period (if any) specified in the notice for the purpose of ensuring that the licensee complies with this Act, the regulations or a licence condition.

(2) An authorised officer may amend or revoke an improvement notice in the same manner that the authorised officer may give the notice.

(3) A licensee given an improvement notice is liable for any reasonable costs incurred in complying with the notice.

(4) An improvement notice is to be given in writing either personally or by post.

(5) The licensee of a private health facility may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of a decision of an authorised officer to give, amend or revoke an improvement notice in respect of the facility.

(6) The lodging of an application for an administrative review does not, except to the extent that the Civil and Administrative Tribunal otherwise directs, operate to stay action on the decision that is the subject of the decision.

(7) A person who is given an improvement notice under this section must not, without reasonable excuse, fail to comply with the notice.

Maximum penalty (subsection (7)): 200 penalty units.

s 52: Am 2013 No 95, Sch 2.119 [3] [4].

Obstruction of officers and failure to comply with direction

53 Obstruction of officers and failure to comply with direction

A person must not—

(a) wilfully delay or obstruct an authorised officer in the exercise of the authorised officer’s functions under this Act, or

(b) fail to comply with a direction under this Part.

Maximum penalty—200 penalty units.

Note.

Section 307B of the Crimes Act 1900 makes it an offence to provide false or misleading information to an authorised officer.

s 53: Am 2018 No 22, Sch 4 [6].

53A

Provisions relating to requirements to furnish documents, information or answer questions

53A Provisions relating to requirements to furnish documents, information or answer questions

(1) A person is not guilty of an offence of failing to comply with a direction under this Part to furnish documents, information or other things, or to answer a question, unless the person was warned on that occasion that a failure to comply is an offence.

(2) A person is not excused from a direction under this Part to furnish documents, information or other things, or to answer a question, on the ground that the document, information, thing or answer might incriminate the person or make the person liable to a penalty.

(3) However, any information furnished or answer given by a natural person in compliance with a direction under this Part is not admissible in evidence against the person in criminal proceedings (except proceedings for an offence under Part 5A of the Crimes Act 1900) if—

(a) the person objected at the time to doing so on the ground that it might incriminate the person, or

(b) the person was not warned on that occasion that the person may object to furnishing the information or giving the answer on the ground that it might incriminate the person.

(4) Any document furnished by a person in compliance with a direction under this Part is not inadmissible in evidence against the person in criminal proceedings by reason only that the document incriminates the person.

(5) Further information obtained as a result of a document or information furnished, or of an answer given, in compliance with a direction under this Part is not inadmissible by reason only—

(a) that the document or information had to be furnished or the answer had to be given, or

(b) that the document or information furnished or answer given incriminates the person.

s 53A: Ins 2018 No 22, Sch 4 [7].

Part 6

Private Health Facilities Advisory Committee

Part 6 Private Health Facilities Advisory Committee

Constitution of Advisory Committee

54 Constitution of Advisory Committee

(1) There is established by this Act a Private Health Facilities Advisory Committee.

(2) The Advisory Committee is to consist of not less than 9 members appointed by the Secretary.

(3) The members are to include the following—

(a) a person employed in the Ministry of Health who is to be the Chairperson of the Advisory Committee,

(b) one or more health professionals who practise in private health facilities,

(c) one or more persons with expertise in the management of private health facilities,

(d) one or more persons with expertise in health insurance,

(e) one or more persons representing consumers of services provided by private health facilities.

(4) The Secretary is, as far as practicable, to seek the views of relevant industry and professional organisations on the composition of the Advisory Committee.

(5) Schedule 3 has effect with respect to the members and procedure of the Advisory Committee.

s 54: Am 2015 No 58, Sch 3.74 [3].

Functions of Advisory Committee

55 Functions of Advisory Committee

The principal function of the Advisory Committee is to provide advice to the Minister and the Secretary on the following matters—

(a) the effective operation of this Act,

(b) proposed regulations,

(c) any other matters in respect of private health facilities that may be referred to the Advisory Committee by the Minister or the Secretary.

Sub-committees of Advisory Committee

56 Sub-committees of Advisory Committee

(1) The Advisory Committee may establish sub-committees to assist it in connection with the exercise of any of its functions.

(2) It does not matter that any or all of the members of a sub-committee are not members of the Advisory Committee.

(3) The procedures for the calling of meetings of a sub-committee and for the conduct of business at those meetings are to be determined by the Advisory Committee or (subject to any determination of the Advisory Committee) by the sub-committee.

Part 7

Miscellaneous

Part 7 Miscellaneous

Secretary may direct licensee to engage external expert

57 Secretary may direct licensee to engage external expert

(1) The Secretary may give a direction in writing to the licensee of a private health facility requiring the licensee to engage an external person or body to provide expert advice to the licensee on specified matters that relate to the conduct of the facility.

(2) The Secretary may, in such a direction, specify that the licensee must engage a person or body having specified expertise or knowledge.

(3) A direction may only be given under this section if the Secretary has reason to believe that the licensee is not conducting the facility in accordance with this Act, the regulations or a licence condition.

(4) A person who is given a direction under this section is liable for any costs incurred in complying with the direction.

(5) A person who is given a direction under this section must not, without reasonable excuse, fail to comply with the direction.

Maximum penalty—200 penalty units.

57A

Duty to report certain criminal and disciplinary matters

57A Duty to report certain criminal and disciplinary matters

(1) A registered health practitioner who practises at a private health facility and is charged with having committed, or is convicted of, a serious sex or violence offence must, within 7 days of the charge being laid or the conviction, report that fact in writing to the licensee of the private health facility.

(2) A registered health practitioner who practises at a private health facility and is the subject of one of the following findings must report that fact to the licensee of the private health facility, and provide the licensee with a copy of the finding, within 7 days of receiving notice of the finding—

(a) a finding of unsatisfactory professional conduct or professional misconduct made under the Health Practitioner Regulation National Law (NSW),

(b) a finding made under the law of another State or Territory that substantially corresponds to or is substantially the same as a finding referred to in paragraph (a).

(3) A licensee may nominate the person occupying a specified position at the private health facility as the person to whom reports under this section are to be made and who is authorised to receive reports on behalf of the licensee.

(4) In this section—

registered health practitioner has the same meaning as in the Health Practitioner Regulation National Law (NSW).

serious sex or violence offence means an offence involving sexual activity, sexual touching or a sexual act, physical violence or the threat of physical violence that—

(a) if committed in New South Wales, is punishable by imprisonment for 12 months or more, or

(b) if committed elsewhere than in New South Wales, would have been an offence punishable by imprisonment for 12 months or more if committed in New South Wales,

and includes an attempt to commit, or a conspiracy to commit, the offence.

s 57A: Ins 2020 No 32, Sch 5[1].

Disclosure of pecuniary interests to patients

58 Disclosure of pecuniary interests to patients

(1) If a practitioner has a pecuniary interest in a private health facility, the practitioner must not—

(a) advise a person to be admitted to the facility, or

(b) arrange the admission of a person to the facility, or

(c) provide medical, surgical or other treatment to, or arrange the provision of any such treatment to, any person at the facility,

unless, before so doing, the practitioner has notified the person, in the prescribed manner, that the practitioner has a pecuniary interest in the facility.

Maximum penalty—200 penalty units.

(2) The regulations may prescribe, for the purposes of subsection (1), that the manner of notification is to be any one or more of the following—

(a) a statement made by the practitioner,

(b) a written notification given by the practitioner and, if required by the regulations, signed by the person to whom it is given,

(c) a notice displayed at the facility,

(d) a notice displayed in any office or other premises of the practitioner.

(3) A practitioner is not guilty of an offence under subsection (1) if the practitioner proves that he or she—

(a) contravened that subsection in the course of providing emergency medical, surgical or other treatment to a person, or

(b) was not, at the time the contravention occurred, aware that he or she had a pecuniary interest in the facility concerned.

(4) For the purposes of this section, a practitioner has a pecuniary interest in a facility only if the practitioner has an interest in the facility which is prescribed by the regulations as a pecuniary interest in the facility.

(5) The regulations may prescribe an interest of a relative or associate of a practitioner as a pecuniary interest of the practitioner.

58A

Sharing or exchange of information about health practitioner appointments

58A Sharing or exchange of information about health practitioner appointments

(1) A licensee may share or exchange appointment information about a health practitioner with another licensee or a public health organisation if the licensee—

(a) reasonably believes that the health practitioner practises at the private health facility of the other licensee or at a hospital or health institution of the public health organisation, and

(b) reasonably considers that the disclosure of that information to the other licensee or the public health organisation is necessary because it raises serious concerns about the safety of patients.

(2) Information is appointment information about a health practitioner for the purposes of this section if—

(a) the health practitioner practises (or formerly practised) at the private health facility of the licensee (whether under a contract or otherwise), and

(b) the information relates to the variation, suspension or termination by the licensee of clinical privileges of the health practitioner.

(3) The disclosure of appointment information about a health practitioner by a licensee (or a person acting at the direction of the licensee) to another licensee or a public health organisation does not, if the disclosure was made in good faith, subject the licensee or person personally to any action, liability, claim or demand.

(4) In this section—

clinical privileges has the same meaning as it has in Part 4 of Chapter 8 of the Health Services Act 1997.

health practitioner has the same meaning as in the Health Practitioner Regulation National Law (NSW).

hospital, health institution and public health organisation have the same meanings as they have in the Health Services Act 1997.

s 58A: Ins 2014 No 84, Sch 2.2.

Onus of proof regarding reasonable excuse

59 Onus of proof regarding reasonable excuse

In any proceedings for an offence against a provision of this Act or the regulations, the onus of proving that a person had a reasonable excuse (as referred to in the provision) lies with the defendant.

Evidentiary certificates

60 Evidentiary certificates

A certificate which purports to be signed by the Secretary and which states that, on a date specified in the certificate—

(a) a person so specified was or was not the licensee of a private health facility so specified, or

(b) any premises so specified were or were not licensed, or

(c) the licence for a private health facility so specified was cancelled or suspended, or

(d) any particulars so specified were the particulars specified in the licence for a private health facility so specified, or

(e) the licence for a private health facility so specified was subject to any condition so specified, or

(f) an improvement notice was given under section 52 in respect of a private health facility requiring the licensee of the facility to take the action specified,

is, without proof of signature, admissible in evidence in any legal proceedings (whether proceedings under this Act or otherwise) and is evidence of the matters stated in the certificate.

Service of documents

61 Service of documents

(1) A document that is authorised or required by this Act or the regulations to be given to, or served on, any person may be given or served by—

(a) in the case of a natural person—

(i) delivering it to the person personally, or

(ii) sending it by post to the address specified by the person for the giving or service of documents or, if no such address is specified, the residential or business address of the person last known to the person giving or serving the document, or

(iii) sending it by facsimile transmission to the facsimile number of the person, or

(iv) email to an email address specified by the person for the service of documents of that kind, or

(v) any other method authorised by the regulations for the service of documents of that kind, or

(b) in the case of a body corporate—

(i) leaving it with a person apparently of or above the age of 16 years at, or by sending it by post to, the head office, a registered office or a principal office of the body corporate or to an address specified by the body corporate for the giving or service of documents, or

(ii) sending it by facsimile transmission to the facsimile number of the body corporate, or

(iii) email to an email address specified by the body corporate for the service of documents of that kind, or

(iv) any other method authorised by the regulations for the service of documents of that kind.

(2) Nothing in this section affects the operation of any provision of a law or of the rules of a court authorising a document to be given to, or served on, a person in any other manner.

s 61: Am 2017 No 25, Sch 1.26 [1] [2]; 2017 No 63, Sch 4.36.

Offences by corporations

62 Offences by corporations

(1) If a corporation contravenes, whether by act or omission, any provision of this Act or the regulations, each person who is a director of the corporation or who is concerned in the management of the corporation is taken to have contravened the same provision if the person knowingly authorised or permitted the contravention.

(1A) Subsection (1) does not apply in respect of a contravention of section 16 (1), 17 (7) or 40.

(2) A person may be proceeded against and convicted under a provision pursuant to subsection (1) whether or not the corporation has been proceeded against or has been convicted under the provision.

(3) Nothing in this section affects any liability imposed on a corporation for an offence committed by the corporation under this Act or the regulations.

s 62: Am 2011 No 2, Sch 1.24 [2].

Proceedings for offences

63 Proceedings for offences

(1) Proceedings for an offence under this Act or the regulations may be dealt with—

(a) summarily before the Local Court, or

(b) summarily before the Supreme Court in its summary jurisdiction.

(1A) If proceedings are brought in the Local Court, the maximum monetary penalty that the Local Court may impose for the offence is 200 penalty units, despite a higher maximum monetary penalty being provided for the offence.

(2) Proceedings for an offence are to be commenced not later than 2 years from when the offence was alleged to have been committed.

s 63: Am 2007 No 94, Sch 1.82; 2020 No 32, Sch 5[2] [3].

Delegation

64 Delegation

The Secretary may delegate the exercise of any function of the Secretary under this Act (other than this power of delegation) to—

(a) any person employed in the Ministry of Health, or

(b) any person, or any class of persons, authorised for the purposes of this section by the regulations.

s 64: Am 2015 No 58, Sch 3.74 [3].

Regulations

65 Regulations

(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) In particular, the regulations may make provision for or with respect to the following—

(a) the display of licences at facilities,

(b) the keeping of records by licensees and inspections of those records,

(c) the functions and procedures of medical advisory committees,

(d) the provision of information to the Secretary by applicants and licensees (including the provision of a copy of the register of patients).

(3) A regulation (including a regulation prescribing a licensing standard) may create an offence punishable by a penalty not exceeding 200 penalty units.

(4) The regulations may apply, adopt or incorporate a publication as in force from time to time.

s 65: Am 2024 No 22, Sch 7[2].

Savings, transitional and other provisions

66 Savings, transitional and other provisions

Schedule 4 has effect.

67

67 (Repealed)

Review of section 7 (4) (c) (i)

68 Review of section 7 (4) (c) (i)

(1) The Minister is to review section 7 (4) (c) (i) of this Act to determine whether the policy objectives of that provision remain valid and whether the terms of that provision remain appropriate for securing those objectives.

(2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.

(3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.

Repeal of Private Hospitals and Day Procedure Centres Act 1988 No 123

69 Repeal of Private Hospitals and Day Procedure Centres Act 1988 No 123

The Private Hospitals and Day Procedure Centres Act 1988 is repealed.

70

70 (Repealed)

Schedule 1

Provisions relating to Chairperson of Committees of Review

Schedule 1 Provisions relating to Chairperson of Committees of Review

(Section 23 (2))

sch 1: Am 2015 No 58, Sch 3.74 [4].

Schedule 2

Provisions relating to Committees of Review

Schedule 2 Provisions relating to Committees of Review

(Section 25 (3))

Schedule 3

Constitution and procedure of Private Health Facilities Advisory Committee

Schedule 3 Constitution and procedure of Private Health Facilities Advisory Committee

(Section 54 (5))

sch 3: Am 2015 No 58, Sch 3.74 [5].

Schedule 4

Savings, transitional and other provisions

Schedule 4 Savings, transitional and other provisions

(Section 66)

sch 4: Am 2010 No 52, Sch 2.2 [14] [15]; 2015 No 38, Sch 3 [2]; 2018 No 73, Sch 6[2].

Schedule 5

Schedule 5 (Repealed)

sch 5: Am 2009 No 106, Sch 5.15. Rep 2010 No 119, Sch 4.

whole Act: Am 2015 No 58, Sch 3.74 [1] (“Director-General” and “Director-General’s” omitted wherever occurring, “Secretary” and “Secretary’s” inserted instead, respectively).

Source text: opening excerpt

Sourced from legislation.nsw.gov.au, CC BY 4.0.