Private Health Facilities Act 1999Reprint noteThis is the last reprint before expiry. Expired 31 August 2016. See SIA section 54.Private Health Facilities Regulation 20001Short titleThis regulation may be cited as the Private Health Facilities Regulation 2000.2CommencementThis 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. 213s 3; 2004 SL No. 292s 54Minimum 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. 260s 35Quality 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. 292s 6; 2010 SL No. 108s 567Giving 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. 213s 48Giving 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, Hardes & Associates Pty Ltd ACN 079 150 940 is a prescribed entity 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.s 8 sub 2014 SL No. 29 s 5amd 2016 SL No. 17 s 429Fees(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 feesThe 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.
Schedule 1Quality assurance entities and programssection 5Column 1Column 2
Quality assurance entitiesQuality assurance programs
The Australian Council on Healthcare StandardsACN 008 549 773Evaluation and quality improvement program
Quality Improvement Council Limited ACN 080 125 908Review/accreditation program
Schedule 2Agreementssection 81Agreement 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 19992The 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 20084Agreement 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 20085Agreement 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 20086Agreement 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 20087Agreement 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 20088Agreement 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 20089Agreement 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 200810The 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 200913Agreement 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 200914Agreement 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 200915Agreement 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 200916Agreement between Queensland and Tasmania for the funding of admitted patient services provided to residents of Queensland by Tasmania and vice versa, made 1 July 200917Agreement 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 200918Agreement 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. 5s 3amd 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 6Schedule 3Feessection 9$
Approvals
1Application under section 17(c) of the Act for an approval for—
(a)a day hospital1441.00
(b)a private hospital with not more than 25 beds2162.50
(c)a private hospital with more than 25 beds but not more than 100 beds2883.00
(d)a private hospital with more than 100 beds but not more than 200 beds3603.00
(e)a private hospital with more than 200 beds4324.00
2Application under section 25(3)(c) of the Act for an extension of the term of an approval216.00
3Application under section 30(2)(b) of the Act to change details about the proposed private health facility stated in an approval—
(a)for a change to the type of health services proposed to be provided at the proposed facility430.50
(b)for an increase of more than 25 in the number of beds for the proposed facility430.50
(c)for other changes216.00
4Issue another approval under section 38(4) of the Act to replace a lost, stolen, destroyed or damaged approval216.00
$
Licences
5Application under section 42(c) of the Act for a licence for—
(a)a day hospital1441.00
(b)a private hospital with not more than 25 beds2162.50
(c)a private hospital with more than 25 beds but not more than 100 beds2883.00
(d)a private hospital with more than 100 beds but not more than 200 beds4324.00
(e)a private hospital with more than 200 beds7208.50
6Application under section 51(2)(c) of the Act for renewal of a licence—
(a)for a day hospital—
(i)if the term of the licence is 1 year or less216.00
(ii)otherwise648.00
(b)for a private hospital with not more than 25 beds—
(i)if the term of the licence is 1 year or less430.50
(ii)otherwise1297.50
(c)for a private hospital with more than 25 beds but not more than 100 beds—
(i)if the term of the licence is 1 year or less863.50
(ii)otherwise2594.00
(d)for a private hospital with more than 100 beds but not more than 200 beds—
(i)if the term of the licence is 1 year or less1729.00
(ii)otherwise5189.50
(e)for a private hospital with more than 200 beds—
(i)if the term of the licence is 1 year or less3458.00
(ii)otherwise10,378.50
7Application under section 56(2)(b) of the Act to change details about the private health facility stated in a licence—
(a)for a change to the type of health services provided at the facility863.50
(b)for an increase of more than 25 in the number of beds for the facility863.50
(c)for an increase of not more than 25 in the number of beds for the facility430.50
(d)for other changes216.00
8Application under section 63(c) of the Act for approval of a prescribed alteration to a private health facility—
(a)for a day hospital216.00
(b)for a private hospital430.50
9Application under section 68(2)(c)(ii) of the Act to transfer a licence for—
(a)a day hospital1441.00
(b)a private hospital with not more than 25 beds2162.50
(c)a private hospital with more than 25 beds but not more than 100 beds2883.00
(d)a private hospital with more than 100 beds but not more than 200 beds4324.00
(e)a private hospital with more than 200 beds7208.50
10Issue another licence under section 79(4) of the Act to replace a lost, stolen, destroyed or damaged licence216.00
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