Private Health Facilities Regulation 2000

1Short title

This regulation may be cited as the Private Health Facilities Regulation 2000 .

2Commencement

This regulation commences on 30 November 2000.

3Day hospital health services—Act, s 10 (3)

For section 10 (3) of the Act, definition day hospital health service, paragraph (b)(iii), the following are prescribed diagnostic, surgical or other procedures—

(a)cardiac stress testing that is not performed in compliance with the document called ‘Specialty Health Services Standard (version 4)’ mentioned in the Private Health Facilities (Standards) Notice 2000 ;

(b)haemodialysis;

(c)cytotoxic infusion, other than cytotoxic infusion performed as maintenance therapy within an established treatment regime;

(d)gastrointestinal endoscopy, other than the following types of gastrointestinal endoscopy—

(i)proctoscopy;

(ii)sigmoidoscopy.

s 3 amd 2001 SL No. 213 s 3; 2004 SL No. 292 s 5

4Minimum patient throughput standard—Act, s 12 (2) (g)

For section 12 (2) (g) of the Act, the following are prescribed health services—

(a)cardiac surgery;

(b)cardiac catheterisation;

(c)obstetrics.

s 4 amd 2010 SL No. 260 s 3

5Quality assurance entities and programs—Act, sch 3, definitions quality assurance entity and quality assurance program

(1)An entity stated in schedule 1, column 1 is an entity for the definition of quality assurance entity in schedule 3 of the Act.

(2)Also, an entity accredited by JAS-ANZ as being competent to conduct a quality assurance program based on the AS/NZS ISO 9000 series of quality system standards is an entity for the definition of quality assurance entity in schedule 3 of the Act.

(3)A program stated in schedule 1, column 2 that is conducted by an entity stated in schedule 1, column 1 shown opposite the program is a program for the definition of quality assurance program in schedule 3 of the Act.

(4)Also, a quality assurance program based on the AS/NZS ISO 9000 series of quality system standards is a program for the definition of quality assurance program in schedule 3 of the Act.

(5)In this section—

AS/NZS means an Australian/New Zealand Standard jointly published by Standards Australia and Standards New Zealand.

JAS-ANZ means the Joint Accreditation System of Australia and New Zealand.

Editor’s note—

JAS-ANZ is declared under the Joint Accreditation System of Australia and New Zealand (Privileges and Immunities) Regulations 1998 (Cwlth) to be an international organisation to which the International Organisations (Privileges and Immunities) Act 1963 (Cwlth) applies.

6Notification of change of circumstances—Act, ss 23(4), 48(6), 154(5), 155(4) and 156(7)

(1)The following kinds of change in matters, relating to an authority holder, are the kinds of change for sections 23 (4), 48 (6), 154 (5), 155 (4) and 156 (7) of the Act—

(a)a change in the name of the authority holder or authority holder’s associate;

(b)a change in the authority holder’s address;

(c)if the authority holder or authority holder’s associate is a corporation—

(i)a change of the corporation’s executive officers; or

(ii)for a corporation, other than a listed corporation, a change of the corporation’s shareholders;

(d)if the authority holder is the holder of a licence for a private health facility—

(i)a change of the person who has the day-to-day management of the facility; or

(ii)a change of the nurse in charge of the nursing staff at the facility; or

(iii)a change of the quality assurance program, conducted by a quality assurance entity, for the facility; or

(iv)a change of the quality assurance entity conducting the quality assurance program for the facility; or

(v)a change as to when the facility will be reviewed, by a quality assurance entity, to decide whether to certify under a quality assurance program that the facility operates, or continues to operate, under a quality assurance system.

(2)In this section—

listed corporation has the same meaning as in section 9 of the Corporations Act.

nurse means a person registered under the Health Practitioner Regulation National Law—

(a)to practise in the nursing and midwifery profession as a nurse, other than as a student; and

(b)in the registered nurses division of that profession.

s 6 amd 2004 SL No. 292 s 6; 2010 SL No. 108 s 56

7Giving of reports—Act, s 144

(1)This section applies to reports required to be given under section 144 of the Act.

(2)For section 144 (3) (b) of the Act, the licensee must give the reports at the following times—

(a)for a report about patient identification, diagnosis and activity data—within 35 days after the end of each month during the term of the licence;

(b)for a report about clinical indicator data—within 35 days after the end of each 6-month period during the term of the licence;

(c)for a report about a review by a quality assurance entity to decide whether to certify under a quality assurance program that the facility operates, or continues to operate, under a quality assurance system—within 35 days after the licensee receives a written notice of the outcome of the review from the quality assurance entity.

s 7 amd 2001 SL No. 213 s 4

8Giving of information—Act, s 147 (4)

(1)The agreements stated in schedule 2 are agreements prescribed for section 147 (4) (c) (ii) of the Act.

(2)For section 147 (4) (h) (ii) of the Act, the following are prescribed entities for evaluating, managing, monitoring or planning health services by reviewing patterns of health services delivery and projecting the future demand for, and supply of, health services—

(a)Aspex Consulting Pty Ltd ACN 119 934 173;

(b)Capital Insight Pty Ltd ACN 056 297 100;

(c)Carramar Consulting Pty Ltd ACN 116 505 134;

(d)Deloitte Touche Tomatsu ABN 74 490 121 060;

(e)Hardes and Associates Pty Ltd ACN 079 150 940;

(f)KPMG ABN 51 194 660 183;

(g)PricewaterhouseCoopers ABN 52 780 433 757;

(h)Thinc Health Australia Pty Ltd ACN 133 263 617.

s 8 sub 2014 SL No. 29 s 5

9Fees

(1)The fees payable under the Act are stated in schedule 3.

(2)For section 42 (c) of the Act, the fee is the total of the following—

(a)an application fee;

(b)a licence fee.

(3)For section 51 (2) (c) of the Act, the fee is a licence fee.

10Refund of fees

The chief health officer must, as soon as practicable, refund the licence fee paid on an application for the issue or renewal of a licence if—

(a)the chief health officer refuses to grant the application; or

(b)the applicant withdraws the application before it is decided.

section 5

section 8

1Agreement between the State of Queensland and the Australian Institute of Health and Welfare for the giving of certain health information by the State to the Institute dated 4 May 1999

2The agreement dated 28 August 1998 between the Commonwealth and the State entered into under the Health Care (Appropriation) Act 1998 (Cwlth)

3Agreement between Queensland and New South Wales for the funding of admitted and non-admitted patient services provided to residents of New South Wales by Queensland and vice versa, for the period 1 July 2003 to 30 June 2008

4Agreement between Queensland and the Australian Capital Territory for the funding of admitted patient services provided to residents of Queensland by the Australian Capital Territory and vice versa, for the period 1 July 2003 to 30 June 2008

5Agreement between Queensland and the Northern Territory for the funding of admitted patient services provided to residents of Queensland by the Northern Territory and vice versa, for the period 1 July 2003 to 30 June 2008

6Agreement between Queensland and South Australia for the funding of admitted patient services provided to residents of Queensland by South Australia and vice versa, for the period 1 July 2003 to 30 June 2008

7Agreement between Queensland and Tasmania for the funding of admitted patient services provided to residents of Queensland by Tasmania and vice versa, for the period 1 July 2003 to 30 June 2008

8Agreement between Queensland and Victoria for the funding of admitted patient services provided to residents of Queensland by Victoria and vice versa, for the period 1 July 2003 to 30 June 2008

9Agreement between Queensland and Western Australia for the funding of admitted patient services provided to residents of Queensland by Western Australia and vice versa, for the period 1 July 2003 to 30 June 2008

10The agreement dated 31 August 2003 between the Commonwealth and the State entered into under the Health Care (Appropriation) Act 1998 (Cwlth)

11National Health Information Agreement between the Health Authorities of the States and Territories of Australia, the Health Insurance Commission, the Australian Institute of Health and Welfare and the Commonwealth of Australia (2004 to 2009)

12Intergovernmental Agreement on Federal Financial Relations, the schedules and any agreements under the schedules, as amended from time to time, between the Commonwealth of Australia and the States and Territories of Australia, commenced 1 January 2009

13Agreement between Queensland and the Australian Capital Territory for the funding of admitted patient services provided to residents of Queensland by the Australian Capital Territory and vice versa, made 1 July 2009

14Agreement between Queensland and the Northern Territory for the funding of admitted patient services provided to residents of Queensland by the Northern Territory and vice versa, made 1 July 2009

15Agreement between Queensland and South Australia for the funding of admitted patient services provided to residents of Queensland by South Australia and vice versa, made 1 July 2009

16Agreement between Queensland and Tasmania for the funding of admitted patient services provided to residents of Queensland by Tasmania and vice versa, made 1 July 2009

17Agreement between Queensland and Victoria for the funding of admitted and non-admitted patient services provided to residents of Queensland by Victoria and vice versa, made 1 July 2009

18Agreement between Queensland and Western Australia for the funding of admitted patient services provided to residents of Queensland by Western Australia and vice versa, made 1 July 2009

sch 2 sub 2003 SL No. 5 s 3

amd 2004 SL No. 292 s 7; 2005 SL No. 46 s 12; 2005 SL No. 222 s 9; 2010 SL No. 370 s 7; 2011 SL No. 60 s 6

section 9

sub 2003 SL No. 130 s 14; 2004 SL No. 135 s 3; 2005 SL No. 170 s 15; 2006 SL No. 190 s 17; 2007 SL No. 129 s 13; 2008 SL No. 185 s 17; 2009 SL No. 154 s 13; 2010 SL No. 193 s 11; 2011 SL No. 117 s 14; 2012 SL No. 152 s 12; 2013 SL No. 185 s 12; 2014 SL No. 211 s 14; 2015 SL No. 49 s 14