Queensland: Private Health Facilities Act 1999 (Qld)

Private Health Facilities Act 1999 An Act to provide for the regulation of private health facilities and for other purposes Part 1 Preliminary 1 Short title This Act may be cited as the Private Health Facilities Act 1999. 2 Commencement This Act commences on a day to be fixed by proclamation. 3 Main object of Act and its achievement (1) The main object of this Act is to provide a framework for protecting the health and wellbeing of patients receiving health services at private health facilities. (2) The object is to be achieved mainly by— (a) enabling standards to be made for the provision of health services at private health facilities; and (b) requiring persons proposing to operate private health facilities to first hold approvals; and (c) requiring persons to hold licences for the operation of the facilities; and (d) providing for compliance with this Act to be monitored and enforced. 4 Outline of approval and licensing requirements (1) Only a licensee may operate a private health facility. Editor's note— See section 39 (Licences required to operate private health facilities). (2) Only the person operating the facility is required to be licensed (not, for example, another person who merely owns the facility). (3) A person may become the licensee of a private health facility only if— (a) the person first holds an approval for the facility; or (b) the person is the transferee of the licence for the facility; or Editor's note— See part 6 (Licences), division 7 (Dealings affecting licences), subdivision 3 (Transfers of licences). (c) the person is the personal representative of a deceased licensee's estate and is taken to be a licensee under section 75. 5 Act binds all persons This Act binds all persons, including the State. Part 2 Interpretation Division 1 Definitions 6 Definitions The dictionary in schedule 3 defines particular words used in this Act. Division 2 Basic concepts 7 Meaning of health service A health service is a service provided to a person for maintaining, improving or restoring the person's health and wellbeing. 8 Meaning of private health facility A private health facility is— (a) a private hospital; or (b) a day hospital. 9 Meaning of private hospital (1) A private hospital is a facility at which health services are provided to persons who are discharged from the facility on a day other than the day on which the persons were admitted to the facility. (2) However, a private hospital does not include the following— (a) a hospital operated by the State; (b) a nursing home, hostel, or other facility at which accommodation, and nursing or personal care, is provided to persons who, because of infirmity, illness, disease, incapacity or disability, have a permanent need for nursing or personal care. 10 Meaning of day hospital (1) A day hospital is a facility at which day hospital health services are provided to persons who are admitted to, and discharged from, the facility on the same day, but does not include a facility operated by the State. (2) However, a facility is not a day hospital merely because a day hospital health service is provided to a person at the facility if— (a) the service is provided to the person in an emergency; and (b) it would be unreasonable, having regard to the health and wellbeing of the person, to move the person to another facility to receive the health service. (3) In this section— day hospital health service means any of the following health services— (a) a diagnostic, surgical or other procedure performed by a medical practitioner involving— (i) the administration of a general, spinal or epidural anaesthetic; or (ii) sedation, other than simple sedation; (b) a diagnostic, surgical or other procedure— (i) performed by, or under the direction of, a medical practitioner; and (ii) involving a significant risk that a person on whom the procedure is performed may, because of cardiac, respiratory or other complications arising from the performance of the procedure, require resuscitation; and (iii) prescribed under a regulation. simple sedation means the administration of one or more drugs to a person, that depress the person's central nervous system, to allow a procedure to be performed on the person by a medical practitioner in a way that— (a) allows communication with the person to be maintained while the procedure is being performed; and (b) makes loss of the person's consciousness unlikely. Division 3 Authority holders 11 Authority issued jointly to more than 1 person A reference in this Act to an authority holder, for an authority issued jointly to more than 1 person, is a reference to each of the persons. Part 3 Standards 12 Chief health officer may make standards (1) The chief health officer may make standards under this Act for the protection of the health and wellbeing of patients receiving health services at private health facilities. (2) Standards may be made about the following— (a) the particular types of health services to which patients at a private health facility must have access (whether or not the services are provided at the facility) when other health services of a particular type are provided at the facility; (b) processes for— (i) evaluating the credentials of medical practitioners providing, or seeking to provide, health services at private health facilities; and (ii) deciding which health services may be provided by the medical practitioners at the facilities; (c) processes for deciding ethical issues; (d) processes for monitoring, evaluating and improving the quality of health services provided at private health facilities; (e) the day to day care and safety of patients, including admission and discharge procedures and patient records; (f) management and staffing arrangements; (g) minimum patient throughput for health services provided at private health facilities and prescribed under a regulation; (h) equipment, fittings and furnishings at private health facilities; (i) infection control; (j) a matter prescribed under a regulation for this subsection. Example for paragraph (a)— A standard may be made requiring that a licensee of a private health facility licensed to provide major surgical services to patients must also— (a) provide intensive care and coronary care services to the patients at the facility; or (b) arrange for intensive care and coronary care services to be provided to the patients at another facility. (3) A standard has no effect unless the Minister notifies the making of the standard. (4) The notice must state the places where copies of the standard and the provisions of any document applied, adopted or incorporated by the standard are available for inspection, without charge, during normal business hours. (5) The notice is subordinate legislation. (6) In this section— minimum patient throughput means the minimum number of patients required to receive a particular health service during a stated period to maintain the clinical skills of the staff providing the health service. Part 4 Suitability of persons to be authority holders 13 Suitability of persons (1) This section applies to the chief health officer in deciding— (a) whether a person who has applied for an authority for a private health facility or a proposed private health facility is a suitable person to hold the authority; or (b) whether a person who holds an authority for a private health facility or a proposed private health facility is a suitable person to continue to hold the authority. (2) The chief health officer may have regard to the following— (a) whether the person— (i) has the appropriate skills, knowledge and experience to operate the facility under a licence in accordance with the standards; or (ii) has, or is able to obtain, the services of other persons with the appropriate skills, knowledge and experience to enable the person to operate the facility under a licence in accordance with the standards; (b) if the person is a corporation, the skills, knowledge and experience of the corporation's executive officers that are relevant to operating the facility under a licence in accordance with the standards; (c) if the person has been convicted of a prescribed offence, the nature, and circumstances of the commission, of the offence; (d) if the person is a corporation and any of the corporation's executive officers have been convicted of a prescribed offence, the nature, and circumstances of the commission, of the offence; (e) whether the person held any of the following that was suspended or cancelled— (i) an authority; (ii) a licence under the repealed division; (iii) the equivalent of an authority under a corresponding law; (f) if the person is a corporation, whether any of the corporation's executive officers held any of the following that was suspended or cancelled— (i) an authority; (ii) a licence under the repealed division; (iii) the equivalent of an authority under a corresponding law; (g) the person's current financial position and financial background; (h) whether the person has, or is able to obtain, financial resources the chief health officer reasonably considers are required for the financial viability of the operation of, or proposed operation of, the facility under a licence; (i) the suitability of associates of the person, as mentioned in section 14; (j) anything else relevant to the health and wellbeing of persons who are receiving, or may receive, health services at the facility operated, or proposed to be operated, by the person. (3) In this section— prescribed offence means an indictable offence or an offence against this Act, the repealed division or a corresponding law. 14 Suitability of associates The chief health officer may also have regard to the matters mentioned in section 13(2) as they apply to an associate of the applicant or authority holder in deciding— (a) for an applicant for an authority—whether the applicant is a suitable person to hold the authority; or (b) for an authority holder—whether the authority holder is a suitable person to continue to hold the authority. 15 Investigation of suitability of persons The chief health officer may investigate an applicant for an authority, an authority holder or an associate of an applicant or authority holder, to help in deciding— (a) for an applicant for an authority—whether the applicant is a suitable person to hold an authority of the kind applied for; or (b) for an authority holder—whether the authority holder is a suitable person to continue to hold the authority. 16 Criminal history reports for investigation (1) The chief health officer, in investigating a person under section 15, may ask the commissioner of the police service for a written report about the person's criminal history. (2) If asked by the chief health officer, the commissioner of the police service must give the chief health officer a written report about the criminal history of the person, including the criminal history in the commissioner's possession or to which the commissioner has access. Editor's note— See section 147 (Confidentiality of information) for restrictions on disclosing information in a report under this section. Part 5 Approvals Division 1 Applications for approvals 17 Requirements about application for an approval An application for an approval must— (a) be made to the chief health officer; and (b) be in the approved form; and (c) be accompanied by the fee prescribed under a regulation. 18 Further information or documents to support application for an approval (1) The chief health officer may, by written notice given to an applicant for an approval, require the applicant to give the chief health officer, within the reasonable time stated in the notice (but not less than 30 days), further information or a document about the application. (2) The information mentioned in subsection (1) must, if the notice requires, be verified by a statutory declaration. (3) The requirement may only relate to information or a document that is necessary and reasonable to help the chief health officer decide the application. (4) A notice under subsection (1) must be given to the applicant within 60 days after the chief health officer receives the application. (5) If the applicant fails to comply with the requirement within the stated time, the applicant is taken to have withdrawn the application. Division 2 Deciding applications for approvals 19 Decision about application for an approval (1) The chief health officer must consider the application and either grant or refuse the application. (2) The chief health officer may grant an application for an approval only if the chief health officer is satisfied— (a) the applicant is a suitable person to hold the approval applied for; and Editor's note— See part 4 (Suitability of persons to be authority holders). (b) the proposed facility, and the health services proposed to be provided at the facility, will comply with the relevant standards. (3) If the chief health officer decides to grant the application, the chief health officer must immediately issue the approval to the applicant. (4) If the chief health officer decides to refuse the application, the chief health officer must immediately give the applicant an information notice about the decision. Editor's note— See schedule 3 (Dictionary). 20 Further consideration of application for an approval (1) This section applies if the chief health officer considers more time is needed to decide the application because of the complexity of the issues that need to be considered in deciding the application. (2) The chief health officer may, at any time before the final consideration day, give written notice to the applicant that— (a) because of the complexity of the issues, the chief health officer needs more time to decide the application; and (b) the time within which the chief health officer must decide the application is extended to a stated day that is not more than 60 days after the final consideration day. (3) In this section— final consideration day means the later of the following days— (a) the day that is 60 days after receipt of the application; (b) if further information or a document is required by a notice given under section 18—the day that is 60 days after the information or document is given. 21 Application for an approval taken to be refused in certain circumstances The chief health officer is taken to have refused to grant the application if the chief health officer has not decided the application by the latest of the following days— (a) the day that is 60 days after receiving the application; (b) if further information or a document is required by a notice given under section 18—the day that is 60 days after the information or document is given; (c) if the day for deciding the application is extended under section 20—the extended day; (d) if another day for deciding the application is agreed to by the applicant and the chief health officer—the agreed day. Division 3 Form, conditions and term of approvals 22 Form of approval (1) An approval must be in the approved form. (2) The approval must state the following particulars— (a) the name of the approval holder; (b) the day of issue of the approval; (c) the term of the approval; (d) details about the proposed private health facility to which the approval relates, including— (i) the location of the proposed facility; and (ii) the type of health services proposed to be provided at the proposed facility; (e) the conditions of the approval. 23 Conditions of approval (1) An approval must be issued on condition that the approval holder must give the chief health officer written notice of a prescribed change within 21 days of the prescribed change. (2) The chief health officer may issue an approval on additional conditions the chief health officer considers necessary or desirable for— (a) the proper operation of the proposed facility under a licence; or (b) the health and wellbeing of patients who may receive health services at the proposed facility. (3) If the chief health officer decides to issue an approval on additional conditions, the chief health officer must immediately give the applicant an information notice about the decision. (4) In this section— prescribed change means a change— (a) in a matter disclosed by an approval holder in an application under this Act; and (b) of a kind prescribed under a regulation. 24 Term of approval An approval remains in force for the term, not more than 2 years, stated in the approval. Division 4 Extension of term of approval 25 Extension of term of approval (1) The chief health officer may, on application by an approval holder, extend the term of the approval by not more than 2 years. (2) Subsection (1) applies whether or not the term of the approval has already been extended under this section. (3) An application for an extension must— (a) be made to the chief health officer; and (b) be in the approved form; and (c) be accompanied by the fee prescribed under a regulation; and (d) be made within the period starting 60 days before the approval expires. 26 Further information or documents to support application for extension (1) The chief health officer may, by written notice given to the approval holder, require the approval holder to give the chief health officer, within the reasonable time stated in the notice (but not less than 30 days), further information or a document about the application. (2) The information mentioned in subsection (1) must, if the notice requires, be verified by a statutory declaration. (3) The requirement may only relate to information or a document that is necessary and reasonable to help the chief health officer decide the application. (4) If the approval holder fails to comply with the requirement within the stated time, the approval holder is taken to have withdrawn the application. 27 Decision about application for extension (1) The chief health officer must consider the application and either grant or refuse the application. (2) The chief health officer may grant the application only if the chief health officer is satisfied that the approval holder has made reasonable efforts to progress the development of the proposed private health facility, taking into account— (a) the type of health services proposed to be provided at the proposed facility; and (b) the period that would reasonably be required to complete the development of the proposed facility. (3) If the chief health officer decides to grant the application, the chief health officer must immediately issue another approval for the extended term. (4) If the chief health officer decides to refuse the application, the chief health officer must immediately give the approval holder an information notice about the decision. 28 Approval continues in force while application is considered (1) If an approval holder applies for an extension under section 25, the approval continues in force from the day that it would, apart from this section, have expired until— (a) if the application is granted—another approval is issued under section 27(3); or (b) if the application is withdrawn—the day the application is withdrawn; or (c) if the application is refused—the day the information notice about the decision is given to the approval holder. (2) Subsection (1) does not apply if the approval is earlier suspended or cancelled. Division 5 Dealings affecting approvals Subdivision 1 Changing approvals 29 Changing approval—chief health officer acting on own initiative (1) The chief health officer may decide to change— (a) details about the proposed private health facility stated in the approval for the proposed facility, including the type of health services proposed to be provided at the proposed facility; or (b) the conditions of an approval under section 23(2), including by imposing additional conditions. (2) However, subsection (1) applies only if the chief health officer considers it necessary or desirable to make the change— (a) for the proper operation of the proposed facility; or (b) for the health and wellbeing of patients who may receive health services at the proposed facility. (3) Before deciding to change an approval, the chief health officer must first give the approval holder a written notice (a notice of intention) stating the following— (a) the proposed decision; (b) the grounds for the proposed decision; (c) an outline of the facts and circumstances forming the basis for the grounds; (d) an invitation to the approval holder to show within a stated period (the show cause period) why the proposed decision should not be made. (4) The show cause period must be a period ending at least 21 days after the notice of intention is given to the approval holder. (5) The approval holder may make written representations about the proposed decision to the chief health officer in the show cause period. (6) The chief health officer must consider all written representations made in the show cause period by the authority holder before deciding whether or not to change the approval. (7) If, after giving the approval holder a notice of intention and taking into account any written representations made by the approval holder, the chief health officer decides to change the approval, the chief health officer must immediately give the approval holder an information notice about the decision. (8) The change to the approval takes effect on the day the information notice is given to the approval holder. 30 Changing approval—application by approval holder (1) An approval holder may apply to the chief health officer to change— (a) details about the proposed private health facility stated in the approval for the proposed facility, including the type of health services proposed to be provided at the proposed facility; or (b) the conditions of the approval under section 23(2). (2) An application to change an approval must— (a) be in the approved form; and (b) be accompanied by the fee prescribed under a regulation. 31 Further information or document to support application to change an approval (1) The chief health officer may, by written notice given to an approval holder, require the approval holder to give the chief health officer, within the reasonable time stated in the notice (but not less than 30 days), further information or a document about the application. (2) The information mentioned in subsection (1) must, if the notice requires, be verified by a statutory declaration. (3) The requirement may only relate to information or a document that is necessary and reasonable to help the chief health officer decide the application. (4) A notice under subsection (1) must be given to the approval holder within 60 days after the chief health officer receives the application. (5) If the approval holder fails to comply with the requirement within the stated time, the approval holder is taken to have withdrawn the application. 32 Decision about application to change an approval (1) The chief health officer must consider the application and either grant or refuse the application. (2) The chief health officer may decide to grant the application only if the chief health officer is satisfied— (a) the approval holder is a suitable person to continue to hold the approval; and Editor's note— See part 4 (Suitability of persons to be authority holders). (b) under the changed approval, the proposed facility, and the health services proposed to be provided at the facility, will comply with the relevant standards. (3) If the chief health officer decides to grant the application, the chief health officer must immediately give the approval holder a written notice (a change notice) stating the decision. (4) If the chief health officer decides to refuse the application, the chief health officer must immediately give the approval holder an information notice about the decision. (5) A change to the approval takes effect on the day the change notice is given to the approval holder. 33 Further consideration of application to change an approval (1) This section applies if the chief health officer considers more time is needed to decide the application because of the complexity of the issues that need to be considered in deciding the application. (2) The chief health officer may, at any time before the final consideration day, give written notice to the approval holder that— (a) because of the complexity of the issues, the chief health officer needs more time to decide the application; and (b) the time within which the chief health officer must decide the application is extended to a stated day that is not more than 60 days after the final consideration day. (3) In this section— final consideration day means the later of the following days— (a) the day that is 60 days after the receipt of the application; (b) if further information or a document is required by a notice given under section 31—the day that is 60 days after the information or document is given. 34 Application to change an approval taken to be refused in certain circumstances The chief health officer is taken to have refused the application if the chief health officer has not decided the application by the latest of the following days— (a) the day that is 60 days after receiving the application; (b) if further information or a document is required by a notice given under section 31—the day that is 60 days after the information or document is given; (c) if the day for deciding the application is extended under section 33—the extended day; (d) if another day for deciding the application is agreed to by the applicant and the chief health officer—the agreed day. 35 Recording changes to approvals (1) The approval holder must return the approval to the chief health officer within 7 days of receiving the information notice under section 29(7) or the change notice, unless the approval holder has a reasonable excuse. Maximum penalty—10 penalty units. (2) On receiving the approval, the chief health officer must— (a) amend the approval in an appropriate way and return the amended approval to the approval holder; or (b) issue a replacement approval, incorporating the change, to the approval holder. (3) Failure to record the change by amending the approval, or to issue a replacement approval recording the change, does not affect the validity of the change. Subdivision 2 Other dealings affecting approvals 36 Surviving persons taken to be approval holder (1) This section applies if— (a) 2 or more individuals jointly are the holders of an approval; and (b) 1 or more, but not all, of the individuals die. (2) The following persons are taken to hold the approval— (a) if only 1 individual survives—the surviving individual; (b) if more than 1 individual survives—the surviving individuals jointly. 37 Surrender of approvals (1) An approval holder may surrender the approval by giving written notice to the chief health officer. (2) The surrender of the approval takes effect— (a) the day the notice is given to the chief health officer; or (b) if a later day is stated in the notice—on the later day. (3) If the approval is surrendered, the person who held the approval must, within 7 days after the surrender takes effect, return the approval to the chief health officer, unless the person has a reasonable excuse. Maximum penalty for subsection (3)—10 penalty units. 38 Replacing approvals (1) An approval holder may apply to the chief health officer to replace the approval if it has been lost, stolen, destroyed or damaged. (2) The chief health officer must consider the application and either grant or refuse the application. (3) The chief health officer must grant the application if the chief health officer is satisfied the approval has been lost, stolen, destroyed or damaged in a way to require its replacement. (4) If the chief health officer decides to grant the application, the chief health officer must, on payment of the fee prescribed under a regulation, issue another approval to the applicant to replace the lost, stolen, destroyed or damaged approval. (5) If the chief health officer decides to refuse the application, the chief health officer must immediately give the applicant an information notice about the decision. Part 6 Licences Division 1 Licences for operation of private health facilities 39 Licences required to operate private health facilities A person must not operate a private health facility unless the person holds a licence for the facility. Maximum penalty—1000 penalty units. Note— If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 143, to have also committed the offence. 40 Licences not required to operate certain day hospitals (1) This section applies if— (a) a licensee operates a private hospital at a place under a licence; and (b) another person operates a day hospital at the place; and (c) in the application for the licence, or an application to change the licence, the licensee has asked for the licence to state that this section applies to the operation of the day hospital; and (d) the licence includes the statement. (2) For this Act, apart from this section— (a) the operation of the day hospital is part of the licensee's operation of the private hospital; and (b) the other person does not operate the day hospital. Division 2 Applications, and materials to support applications, for licences 41 Restriction on application for licence An application for a licence may only be made by an approval holder. 42 Requirements about applications for licences An application for a licence must— (a) be made to the chief health officer; and (b) be in the approved form; and (c) be accompanied by the fee prescribed under a regulation. 43 Further information or documents to support application for a licence (1) The chief health officer may, by written notice given to an applicant for a licence, require the applicant to give the chief health officer, within the reasonable time stated in the notice (but not less than 30 days), further information or a document about the application. (2) The information mentioned in subsection (1) must, if the notice requires, be verified by a statutory declaration. (3) The requirement may only relate to information or a document that is necessary and reasonable to help the chief health officer decide the application. (4) A notice under subsection (1) must be given to the applicant within 60 days after the chief health officer receives the application. (5) If the applicant fails to comply with the requirement within the stated time, the applicant is taken to have withdrawn the application. Division 3 Deciding applications for licences 44 Decision about application for a licence (1) The chief health officer must consider the application and either grant or refuse the application. (2) The chief health officer must grant the application if— (a) the applicant is an approval holder; and (b) the approval and the application apply to the same private health facility; and (c) any conditions on which the approval was issued have been complied with; and (d) for a facility that has never been occupied, a certificate of occupancy has been issued for the facility; and (e) for a facility to which paragraph (d) does not apply, the facility complies with the building code; and (f) the chief health officer is satisfied that— (i) the applicant is a suitable person to hold the licence applied for; and Editor's note— See part 4 (Suitability of persons to be authority holders). (ii) when operational, the facility, and the health services proposed to be provided at the facility, will comply with the relevant standards. (3) If the chief health officer decides to grant the application, the chief health officer must immediately issue the licence to the applicant. (4) If the chief health officer decides to refuse the application, the chief health officer must immediately give the applicant an information notice about the decision. 45 Further consideration of application for a licence (1) This section applies if the chief health officer considers more time is needed to decide the application because of the complexity of the issues that need to be considered in deciding the application. (2) The chief health officer may, at any time before the final consideration day, give written notice to the applicant that— (a) because of the complexity of the issues, the chief health officer needs more time to decide the application; and (b) the time within which the chief health officer must decide the application is extended to a stated day that is not more than 60 days after the final consideration day. (3) In this section— final consideration day means the later of the following days— (a) the day that is 60 days after receipt of the application; (b) if further information or a document is required by a notice given under section 43—the day that is 60 days after the information or document is given. 46 Application for licence taken to have been refused in certain circumstances The chief health officer is taken to have refused the application if the chief health officer has not decided the application by the latest of the following days— (a) the day that is 60 days after receiving the application; (b) if further information or a document is required by a notice given under section 43—the day that is 60 days after the information or document is given; (c) if the day for deciding the application is extended under section 45—the extended day; (d) if another day for deciding the application is agreed to by the applicant and the chief health officer—the agreed day. Division 4 Form, conditions and term of licences 47 Form of licence (1) A licence must be in the approved form. (2) A licence must state the following particulars— (a) the name of the licensee; (b) the day of issue of the licence; (c) the term of the licence; (d) details about the private health facility to which the licence relates, including— (i) the location of the facility; and (ii) a description of the premises making up the facility; and (iii) the type of health services to be provided at the facility; (e) the conditions of the licence. Example for paragraph (d)(ii)— a floor plan of the premises 48 Conditions of licence (1) A licence for a private health facility must be issued on the following conditions— (a) the licensee must give the chief health officer, within 21 days after a prescribed change, written notice of the prescribed change; (b) the licensee must comply with an accreditation scheme that relates to safety and quality matters and is prescribed by regulation; (c) the licensee must comply with the standards relevant to the facility; (d) the licensee must operate the facility in accordance with the details about the facility stated in the licence, including providing at the facility only the type of health services stated in the licence; (e) the licensee must ensure the premises making up the facility and all equipment, fittings and furnishings in the facility are kept in good repair and operational order; (f) the licensee must not make a prescribed alteration to the facility without the approval of the chief health officer under section 65. (4) The chief health officer may issue a licence on additional conditions the chief health officer considers necessary or desirable for— (a) the proper operation of the facility; or (b) the health and wellbeing of patients who may receive health services at the facility. (5) If the chief health officer decides under subsection (4) to issue a licence on additional conditions, the chief health officer must immediately give the applicant an information notice about the decision. (6) In this section— prescribed change means a change— (a) in a matter disclosed by the licensee in an application under this Act; and (b) of a kind prescribed under a regulation. 49 Contravention of condition (1) A licensee must not contravene a condition of the licence. Maximum penalty—200 penalty units. (2) To remove doubt, it is declared that the penalty under subsection (1) may be imposed whether or not the licence is cancelled or suspended because of the contravention. 50 Term of licences (1) A licence remains in force for the term stated in the licence. (2) The stated term must not exceed— (a) if the private health facility to which the licence relates has been certified as operating under an accreditation scheme prescribed under section 48(1)(b)—3 years; or (b) otherwise—1 year. Division 5 Renewal of licences 51 Renewal of licences (1) The chief health officer may, on application by a licensee, renew the licence. (2) An application for renewal must— (a) be in the approved form; and (b) be made within the period starting 60 days before the licence expires; and (c) be accompanied by the fee prescribed under a regulation. 52 Further information or document to support application for renewal (1) The chief health officer may, by written notice given to the licensee, require the licensee to give the chief health officer, within the reasonable time stated in the notice (but not less than 30 days), further information or a document about the application. (2) The information mentioned in subsection (1) must, if the notice requires, be verified by a statutory declaration. (3) The requirement may only relate to information or a document that is necessary and reasonable to help the chief health officer decide the application. (4) If the licensee fails to comply with the requirement within the stated time, the licensee is taken to have withdrawn the application. Division 6 Deciding applications for renewal 53 Decision about application for renewal (1) The chief health officer must consider the application and either grant or refuse the application. (2) The chief health officer may grant the application only if the chief health officer is satisfied— (a) the licensee is a suitable person to continue to hold the licence; and Editor's note— See part 4 (Suitability of persons to be authority holders). (b) the private health facility to which the licence relates, and the health services provided at the facility, comply with the relevant standards. (3) If the chief health officer decides to grant the application, the chief health officer must immediately issue a new licence to the licensee. (4) If the chief health officer decides to refuse the application, the chief health officer must immediately give the licensee an information notice about the decision. 54 Licence continues in force while application is considered (1) If a licensee applies for a renewal under section 51, the licence continues in force from the day that it would, apart from this section, have expired until— (a) if the application is granted—the new licence is issued to the licensee under section 53(3); or (b) if the application is withdrawn—the day the application is withdrawn; or (c) if the application is refused—the day the information notice about the decision is given to the licensee. (2) Subsection (1) does not apply if the licence is earlier suspended or cancelled. Division 7 Dealings affecting licences Subdivision 1 Changing licences 55 Changing licence—chief health officer acting on own initiative (1) The chief health officer may decide to change— (a) details about the private health facility stated in the licence for the facility, including the type of health services provided at the facility; or (b) the conditions of a licence under section 48(4), including by imposing additional conditions. (2) However, subsection (1) applies only if the chief health officer considers it necessary or desirable to make the change— (a) for the proper operation of the private health facility to which the licence relates; or (b) for the health and wellbeing of patients who are receiving, or may receive, health services at the facility. (3) Before deciding to change the licence, the chief health officer must first give the licensee a written notice (a notice of intention) stating the following— (a) the proposed decision; (b) the grounds for the proposed decision; (c) an outline of the facts and circumstances forming the basis for the grounds; (d) an invitation to the licensee to show within a stated period (the show cause period) why the proposed decision should not be made. (4) The show cause period must be a period ending at least 21 days after the notice of intention is given to the licensee. (5) The licensee may make written representations about the proposed decision to the chief health officer in the show cause period. (6) The chief health officer must consider all written representations made in the show cause period by the licensee before deciding whether or not to change the licence. (7) If, after giving the licensee a notice of intention and taking into account any written representations made by the licensee, the chief health officer decides to change the licence, the chief health officer must immediately give the licensee an information notice about the decision. (8) The change to the licence takes effect on the day the information notice is given to the licensee. 56 Licensee may apply to change a licence (1) A licensee may apply to the chief health officer to change— (a) details about the private health facility stated in the licence for the facility, including the type of health services provided at the facility; or (b) the conditions of the licence under section 48(4). (2) An application to change a licence must— (a) be in the approved form; and (b) be accompanied by the fee prescribed under a regulation. 57 Further information or document to support application to change a licence (1) The chief health officer may, by written notice given to the licensee, require the licensee to give the chief health officer, within the reasonable time stated in the notice (but not less than 30 days), further information or a document about the application. (2) The information mentioned in subsection (1) must, if the notice requires, be verified by a statutory declaration. (3) The requirement may only relate to information or a document that is necessary and reasonable to help the chief health officer decide the application. (4) A notice under subsection (1) must be given to the licensee within 60 days after the chief health officer receives the application. (5) If the licensee fails to comply with the requirement within the stated time, the licensee is taken to have withdrawn the application. 58 Decision whether to change licence (1) The chief health officer must consider the application and either grant or refuse the application. (2) The chief health officer may decide to grant the application only if the chief health officer is satisfied— (a) the licensee is a suitable person to continue to hold the licence; and Editor's note— See part 4 (Suitability of persons to be authority holders). (b) under the changed licence, the facility, and the provision of health services at the facility, will comply with the relevant standards. (3) If the chief health officer decides to grant the application, the chief health officer must immediately give the licensee a written notice (a change notice) stating the decision. (4) If the chief health officer decides to refuse the application, the chief health officer must immediately give the licensee an information notice about the decision. (5) A change to the licence takes effect on the day the change notice is given to the licensee. 59 Further consideration of application to change a licence (1) This section applies if the chief health officer considers more time is needed to decide the application because of the complexity of the issues that need to be considered in deciding the application. (2) The chief health officer may, at any time before the final consideration day, give written notice to the licensee that— (a) because of the complexity of the issues, the chief health officer needs more time to decide the application; and (b) the time within which the chief health officer must decide the application is extended to a stated day that is not more than 60 days after the final consideration day. (3) In this section— final consideration day means the later of the following days— (a) the day that is 60 days after the receipt of the application; (b) if further information or a document is required by a notice given under section 57—the day that is 60 days after the information or document is given. 60 Application to change a licence taken to be refused in certain circumstances The chief health officer is taken to have refused to grant the application if the chief health officer has not decided the application by the latest of the following days— (a) the day that is 60 days after receiving the application; (b) if further information or a document is required by a notice given under section 57—the day that is 60 days after the information or document is given; (c) if the day for deciding the application is extended under section 59—the extended day; (d) if another day for deciding the application is agreed to by the applicant and the chief health officer—the agreed day. 61 Recording change of licence (1) The licensee must return the licence to the chief health officer within 7 days of receiving the information notice under section 55(7) or the change notice, unless the licensee has a reasonable excuse. Maximum penalty—10 penalty units. (2) On receiving the licence, the chief health officer must— (a) amend the licence in an appropriate way and return the amended licence to the licensee; or (b) issue a replacement licence, incorporating the change, to the licensee. (3) Failure to record the change by amending the licence, or to issue a replacement licence recording the change, does not affect the validity of the change. Subdivision 2 Making prescribed alterations to private health facilities 62 Meaning of prescribed alteration (1) A prescribed alteration, to a private health facility, is— (a) a change in the purpose for which part of the facility is used; or (b) a change made to the physical structure of the facility. Example for paragraph (a)— a waiting room is converted to an operating theatre (2) However, a prescribed alteration does not include a change to the facility for which a development permit under the Planning Act 2016 is required. 63 Requirements about applications for approval of prescribed alterations An application for approval of a prescribed alteration must— (a) be made to the chief health officer; and (b) be in the approved form; and (c) be accompanied by the fee prescribed under a regulation. 64 Further information or document to support applications for approval of prescribed alterations (1) The chief health officer may, by written notice to a licensee, require the licensee to give the chief health officer, within the reasonable time stated in the notice (but not less than 30 days), further information or a document about the application. (2) The information mentioned in subsection (1) must, if the notice requires, be verified by a statutory declaration. (3) The requirement may only relate to information or a document that is necessary and reasonable to help the chief health officer decide the application. (4) A notice under subsection (1) must be given to the licensee within 60 days after the chief health officer receives the application. (5) If the licensee fails to comply with the requirement within the stated time, the licensee is taken to have withdrawn the application. 65 Decision about applications for approval of prescribed alterations (1) The chief health officer must consider the application and either grant or refuse the application. (2) The chief health officer may grant the application only if the chief health officer is satisfied that, after making the prescribed alteration, the facility, and the provision of health services at the facility, will comply with the relevant standards. (3) The chief health officer may grant the application on the condition in paragraph (a) or both of the following conditions— (a) the licensee must give the chief health officer written notice of having made the prescribed alteration immediately after making the prescribed alteration; (b) the licensee must not provide health services in the part of the facility affected by the prescribed alteration— (i) unless the prescribed alteration has been made as specified in the application; and (ii) until the earlier of the following days— (A) the day the chief health officer or an authorised person inspects the part of the facility affected by the prescribed alteration; (B) the day that is 14 days after the notice under paragraph (a) is given. (4) If the chief health officer decides to grant the application, the chief health officer must immediately give the licensee a written notice stating the decision. (5) If the chief health officer decides to refuse the application, the chief health officer must immediately give the applicant an information notice about the decision. (6) If the chief health officer grants the application on a condition mentioned in subsection (3), the licensee must not contravene the condition. Maximum penalty for subsection (6)—50 penalty units. 66 Application for approval of a prescribed alteration taken to be refused in certain circumstances The chief health officer is taken to have refused the application if the chief health officer has not decided the application by the latest of the following days— (a) the day that is 60 days after receiving the application; (b) if further information or a document is required by a notice given under section 64—the day that is 60 days after the information or document is given; (c) if another day for deciding the application is agreed to by the applicant and the chief health officer—the agreed day. Subdivision 3 Transfers of licences 67 Transfer of licence A licensee may transfer the licence only if the chief health officer grants an application to transfer the licence. 68 Requirements about transfer applications (1) An application to transfer a licence may be made only by the proposed transferee of the licence. (2) The application must— (a) be made to the chief health officer; and (b) be in the approved form; and (c) be accompanied by— (i) a written consent in the approved form signed by the licensee; and (ii) the fee prescribed under a regulation. 69 Further information or documents to support transfer application (1) The chief health officer may, by written notice given to an applicant to transfer a licence, require the applicant to give the chief health officer, within the reasonable time stated in the notice (but not less than 30 days), further information or a document about the application. (2) The information mentioned in subsection (1) must, if the notice requires, be verified by a statutory declaration. (3) The requirement may only relate to information or a document that is necessary and reasonable to help the chief health officer decide the application. (4) A notice under subsection (1) must be given to the applicant within 60 days after the chief health officer receives the application. (5) If the applicant fails to comply with the requirement within the stated time, the applicant is taken to have withdrawn the application. 70 Decision about transfer application (1) The chief health officer must consider the application and either grant or refuse the application. (2) The chief health officer may grant the application only if the chief health officer is satisfied the proposed transferee is a suitable person to hold the licence. Editor's note— See part 4 (Suitability of persons to be authority holders). (3) If the chief health officer decides to grant the application, the chief health officer must give the transferee and the licensee written notice (a transfer notice) stating the decision. (4) If the chief health officer decides to refuse the application, the chief health officer must give the proposed transferee and the licensee an information notice about the decision. (5) A transfer of a licence— (a) takes effect on the day the transfer notice for the licence is given to the transferee; or (b) if a later day of effect is stated in the notice—on the later day. 71 Further consideration of application to transfer a licence (1) This section applies if the chief health officer considers more time is needed to decide the application because of the complexity of the issues that need to be considered in deciding the application. (2) The chief health officer may, at any time before the final consideration day, give written notice to the applicant that— (a) because of the complexity of the issues, the chief health officer needs more time to decide the application; and (b) the time within which the chief health officer must decide the application is extended to a stated day that is not more than 60 days after the final consideration day. (3) In this section— final consideration day means the later of the following days— (a) the day that is 60 days after receipt of the application; (b) if further information or a document is required by a notice given under section 69—the day that is 60 days after the information or document is given. 72 Application to transfer a licence taken to be refused in certain circumstances The chief health officer is taken to have refused the application if the chief health officer has not decided the application by the latest of the following days— (a) the day that is 60 days after receiving the application; (b) if further information or a document is required by a notice given under section 69—the day that is 60 days after the information or document is given; (c) if the day for deciding the application is extended under section 71—the extended day; (d) if another day for deciding the application is agreed to by the applicant and the chief health officer—the agreed day. 73 Recording transfer of licence (1) A licensee must return the licence to the chief health officer within 7 days of receiving a transfer notice, unless the licensee has a reasonable excuse. Maximum penalty—10 penalty units. (2) On receiving the licence, the chief health officer must— (a) amend the licence in an appropriate way and give the amended licence to the transferee; or (b) issue a replacement licence in the name of the transferee. (3) Failure to record a transfer by amending the licence, or to issue a replacement licence in the name of the transferee, does not affect the validity of the transfer. Subdivision 4 Other dealings with licences 74 Encumbrances have no effect An instrument or document purporting to encumber a licence is of no effect. 75 Death of sole licensee (1) This section applies if only 1 individual is the licensee of a licence. (2) If the licensee dies, the personal representative of the licensee's estate is taken to be the licensee for— (a) 6 months from the day of the licensee's death; or (b) a longer period the chief health officer decides, on written application made by the personal representative. (3) The chief health officer may act under subsection (2)(b) only if— (a) the chief health officer has received written notice from the personal representative that a person intends to apply to transfer the licence; and (b) the chief health officer reasonably believes that it is appropriate to extend the period for which the personal representative is taken to be the licensee to enable an application to transfer the licence to be made and decided. (4) Also, subsection (2) applies subject to any transfer, suspension, cancellation, surrender or expiry of the licence under this Act. 76 Surviving persons taken to be licensee (1) This section applies if— (a) 2 or more individuals jointly are the licensee of a licence; and (b) 1 or more, but not all, of the individuals die. (2) The following persons are taken to hold the licence— (a) if only 1 individual survives—the surviving individual; (b) if more than 1 individual survives—the surviving individuals jointly. 77 Surrender of licences (1) A licensee may surrender a licence by giving the chief health officer written notice of the surrender. (2) The surrender of the licence takes effect— (a) 30 days after the day the notice is given to the chief health officer; or (b) if a later day of effect is stated in the notice—on the later day. (3) If the licence is surrendered, the person who held the licence must, within 7 days after the surrender takes effect, return the licence to the chief health officer, unless the person has a reasonable excuse. Maximum penalty for subsection (3)—10 penalty units. 78 Surrender before operation of facility stops A licensee must not stop operating a private health facility unless the licensee has surrendered the licence and the surrender of the licence has taken effect, unless the licensee has a reasonable excuse. Maximum penalty—50 penalty units. 79 Replacing licences (1) A licensee may apply to the chief health officer to replace the licence if it has been lost, stolen, destroyed or damaged. (2) The chief health officer must consider the application and either grant or refuse the application. (3) The chief health officer must grant the application if the chief health officer is satisfied the licence has been lost, stolen, destroyed or damaged in a way to require its replacement. (4) If the chief health officer decides to grant the application, the chief health officer must, on payment of the fee prescribed under a regulation, issue another licence to the applicant to replace the lost, stolen, destroyed or damaged licence. (5) If the chief health officer decides to refuse the application, the chief health officer must immediately give the applicant an information notice about the decision. Part 7 Suspension and cancellation of authorities 80 Grounds for suspension or cancellation (1) A ground for suspending or cancelling an authority exists if the authority holder— (a) is not a suitable person to continue to hold an authority of that kind; or Editor's note— See part 4 (Suitability of persons to be authority holders). (b) contravenes a provision of this Act or a condition of the authority in a way that may result in the health and wellbeing of a patient being affected in an adverse and material way; or (c) is affected by bankruptcy action, or by control action under the Corporations Act. (2) Also, a ground for suspending or cancelling an authority exists if the authority was issued because of a materially false or misleading representation or declaration. (3) For subsection (1)(c), an authority holder is affected by bankruptcy action if the authority holder— (a) is bankrupt; or (b) has compounded with creditors; or (c) as a debtor, has otherwise taken, or applied to take, advantage of any law about bankruptcy. (4) For subsection (1)(c), an authority holder is affected by control action under the Corporations Act if the authority holder— (a) has executed a deed of company arrangement under that Act; or (b) is the subject of a winding-up (whether voluntarily or under a court order) under that Act; or (c) is the subject of an appointment of an administrator, liquidator, receiver or receiver and manager under that Act. 81 Show cause notice (1) This section applies if— (a) the chief health officer believes a ground exists to suspend or cancel an authority; and (b) the chief health officer— (i) has not given, and does not propose to give, the authority holder a compliance notice under section 125(2) to rectify a matter to which the ground relates; or (ii) has given the authority holder a compliance notice