Private Health Facilities Amendment Regulation 2026

1Short title

This regulation may be cited as the Private Health Facilities Amendment Regulation 2026.

2Commencement

(1)This regulation, other than section 4, commences on 1 October 2026.

(2)Section 4 commences on 1 January 2027.

3Regulation amended

This regulation amends the Private Health Facilities Regulation 2016.

4Amendment of s 3 (Day hospital health services)

(1)Section 3(2)(k), after ‘lipoaspirate’—
insert—

in a 24-hour period

(2)Section 3(2)(m), ‘2.5 litres of lipoaspirate’—
omit, insert—

500 millilitres of lipoaspirate in a 24-hour period

5Insertion of new s 5A

After section 5—
insert—

5AStandards of accreditation—Act, s 48

(1)For section 48(1)(b) of the Act—

(a)the national safety and quality health service standards are prescribed for all health services; and

(b)the national safety and quality cosmetic surgery standards are prescribed for a health service that is cosmetic surgery.

(2)In this section—

commission means the Australian Commission on Safety and Quality in Health Care established under the National Health Reform Act 2011 (Cwlth), section 8.

cosmetic surgery—

(a)means a surgical procedure mentioned in section 10(3) of the Act, definition day hospital health service, paragraph (a), or section 3(2) of this regulation, that is provided primarily for the purpose of maintaining, improving or restoring a person’s appearance; but

(b)does not include a surgical procedure determined by a medical practitioner to be—

(i)necessary for treating a person’s medical condition; or

(ii)clinically appropriate for a person.

Example for paragraph (b)—

breast reconstruction surgery determined by a medical practitioner to be clinically appropriate for a person after the person’s treatment for breast cancer

national safety and quality cosmetic surgery standards means the standards called ‘National Safety and Quality Cosmetic Surgery Standards (2023)’, formulated by the commission under the National Health Reform Act 2011 (Cwlth), section 9(1)(e).

national safety and quality health service standards means the standards called ‘National Safety and Quality Health Service Standards Second edition – 2021’, formulated by the commission under the National Health Reform Act 2011 (Cwlth), section 9(1)(e).

6Omission of s 8 (Safety and quality accreditation scheme—Act, s 48)

Section 8—
omit.