37Mandatory staffing requirements for private health facilities

#### 37 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\[2\].