South Australian Bills South Australian Bills[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Health Care (Miscellaneous) Amendment
Bill 2015
A BILL FOR
An Act to amend the
Health
Care Act 2008
.
Contents
Part 2—Amendment of Health Care
Act 2008
4Amendment of section
3—Interpretation
5Amendment of section
63—Preliminary
6Amendment of section
68—Preliminary
7Amendment of section 79—Prohibition of
operating private hospitals unless licensed
8Amendment of section 81—Grant of
licence
9Amendment of section 82—Conditions of
licence
Part 10A—Private day procedure
centres
89AStandards of
construction, facilities and equipment
89BProhibition on
providing prescribed health services unless licensed
89CPrivate day procedure centre
licence
89EOffence for
licence holder to contravene Act or licence condition
89HSurrender,
suspension and cancellation of licences
89IAppeal against
decision or order of Minister
12Amendment of section
100—Regulations
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Health Care (Miscellaneous) Amendment
Act 2015.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Health Care
Act 2008
4—Amendment
of section 3—Interpretation
Section 3(1)—after the definition of non-emergency ambulance
service insert:
private day procedure centre means premises in respect of
which a day procedure centre licence is in force under Part 10A;
private day procedure centre licence—see
section 89C;
5—Amendment
of section 63—Preliminary
Section 63(1), definition of prescribed health-sector
body—after paragraph (e) insert:
(ea) an entity that provides health services at a private day procedure
centre; or
6—Amendment
of section 68—Preliminary
Section 68(1), definition of health services
entity—after paragraph (a) insert:
(ab) an entity that provides health services at a private day procedure
centre; or
7—Amendment
of section 79—Prohibition of operating private hospitals unless
licensed
Section 79(3)—delete subsection (3) and substitute:
(3) This section does not apply in relation to—
(a) premises at
which the holder of a licence under this Part (being a licence relating to other
premises) provides health services with the written approval of the Minister;
or
(b) premises licensed under the
Supported
Residential Facilities Act 1992
.
8—Amendment
of section 81—Grant of licence
(1) Section 81(1)(g)—delete paragraph (g)
(2) Section 81(2)—delete subsection (2) and substitute:
(2) The Minister may,
by notice in the Gazette, establish standards of construction, facilities and
equipment for the premises of private hospitals for the purposes of this
Part.
(2a) A notice published by the Minister under
subsection (2)
—
(a) may adopt, wholly or partially and with or without modification a
code, standard, guideline or other document prepared or published by a body
referred to in the notice (as in force at a particular time or from time to
time); and
(b) may be of general or limited application.
(2b) Standards established under
subsection (2)
do not apply to premises in respect of which a license under this Part was
in force immediately before the commencement of
subsection (2)
except—
(a) in relation to any alteration or extension of the premises;
or
(b) where there is a change in the health services provided.
9—Amendment
of section 82—Conditions of licence
Section 82(3), (4) and (5)—delete subsections (3), (4) and (5) and
substitute:
(3) The holder of a
licence may apply to the Minister for the variation of the licence or a
condition of the licence.
(4) An application under
subsection (3)
must—
(a) conform to the requirements of the Minister about its form, contents
and the manner in which it is made; and
(b) be accompanied by the fee fixed by the Minister.
(5) The Minister
may, on application under
subsection (3)
or the Minister's own motion, vary or revoke a condition of a licence or
impose a further condition by notice in writing given to the holder of the
licence.
(6) If the Minister imposes a condition under
subsection (5)
on the Minister's own motion, the condition will not, except with the
agreement of the licensee, take effect until the expiration of the period of
30 days after service of the notice imposing the condition.
After section 88 insert:
Part 10A—Private day procedure
centres
89—Preliminary
In this Part—
declared day hospital means a hospital within the meaning of
the Private Health Insurance Act 2007 of the Commonwealth as at the
prescribed date but does not include—
(a) an incorporated hospital; or
(b) premises in respect of which a licence is in force under Part 10
at the prescribed date.
prescribed date means the date of commencement of
section 10 of the
Health
Care (Miscellaneous) Amendment Act 2015
;
prescribed health service means—
(a) a health service that involves the administration of general, spinal,
epidural or major regional block anaesthetic; or
(b) a health service that involves intravenous sedation (other than simple
conscious sedation); or
(c) a health service, or health service of a class, prescribed by the
regulations for the purposes of this definition;
simple conscious sedation means the sedation of a person by
the intravenous administration of one or more drugs such that communication with
the person may be maintained during the sedation.
89A—Standards of construction, facilities and
equipment
(1) The Minister
may, by notice in the Gazette, establish standards of construction, facilities
and equipment for premises for the purposes of this Part.
(2) A notice published by the Minister under
subsection (1)
—
(a) may adopt, wholly or partially and with or without modification a
code, standard, guideline or other document prepared or published by a body
referred to in the notice (as in force at a particular time or from time to
time); and
(b) may be of general or limited application.
(3) Standards established under
subsection (1)
do not apply to a declared day hospital except—
(a) in relation to the alteration or extension of the premises of the
declared day hospital after the prescribed date; or
(b) where there is a change in the health services provided at the
declared day hospital after the prescribed date.
89B—Prohibition on providing prescribed health
services unless licensed
(1) A person must not provide a prescribed health service except at
premises in respect of which a licence is in force under this Part.
Maximum penalty: $60 000.
(2) This section does not apply in relation to the provision of prescribed
health services—
(a) at an incorporated hospital; or
(b) at premises authorised under Part 10 in respect of such
services.
89C—Private day procedure centre
licence
(1) A person may apply
to the Minister for a licence authorising the provision of prescribed health
services at specified premises (a private day procedure centre
licence).
(2) An application for a private day procedure centre licence
must—
(a) conform to the requirements of the Minister about its form, contents
and the manner in which it is made; and
(b) contain the information required by the Minister and conform with such
other requirements determined by the Minister; and
(c) be accompanied by the fee fixed by the Minister.
(3) If the Minister determines under this section that the private day
procedure centre licence should be granted and, in the case of an application in
respect of proposed premises, subsequently is satisfied that the premises have
been established substantially in accordance with proposals approved by the
Minister, the Minister will, on payment of a fee fixed by the Minister, grant
the licence to the applicant.
(4) An entity with
responsibility for a declared day hospital is, at the date of commencement of
this Part, taken to hold a private day procedure centre licence in respect of
the declared hospital (the deemed licence) and a provision of this
Act that applies in relation to a day procedure licence applies in relation to
the deemed licence.
89D—Conditions of licence
(1) A private day procedure centre licence may be subject to such
conditions as the Minister thinks fit.
(2) The holder of a
private day procedure centre licence may apply to the Minister for the variation
of the licence or a condition of the licence.
(3) An application under
subsection (2)
must—
(a) conform to the requirements of the Minister about its form, contents
and the manner in which it is made; and
(b) be accompanied by the fee fixed by the Minister.
(4) The Minister
may, on application under
subsection (2)
or the Minister's own motion, vary or revoke a condition of a private day
procedure licence or impose a further condition on such a licence by notice in
writing given to the holder of the licence.
(5) If the Minister imposes a condition under
subsection (4)
on the Minister's own motion, the condition will not, except with the
agreement of the licensee, take effect until the expiration of the period of
30 days after service of the notice imposing the condition.
89E—Offence for licence holder to contravene Act or
licence condition
The holder of a private day procedure centre licence must not contravene,
or fail to comply with, a provision of this Act or a condition of the
licence.
Maximum penalty: $60 000.
89F—Duration of licences
(1) Subject to this Part, a private day procedure centre licence remains
in force until—
(a) the licence is surrendered; or
(b) the holder of the licence dies or, in the case of a body corporate, is
dissolved.
(2) The holder of a
private day procedure centre licence must, not later than the prescribed day in
each year—
(a) pay to the Minister the annual licence fee fixed by the Minister;
and
(b) lodge with the Minister an annual return containing the prescribed
information.
(3) If the holder
of a private day procedure centre licence fails to pay the annual licence fee or
lodge the annual return in accordance with
subsection (2)
, the Minister may, by notice in writing, require the holder to make good
the default.
(4) If the holder
of a private day procedure centre licence fails to comply with a notice under
subsection (3)
within 14 days after service of the notice, the licence is, by force
of this subsection, suspended until the holder complies with the
notice.
(5) If a private day procedure centre licence has been suspended by virtue
of
subsection (4)
for a continuous period of 6 months, the licence is, by force of this
subsection, cancelled.
89G—Transfer of licence
(1) An application may be made to the Minister for the transfer of a
private day procedure centre licence.
(2) An application for the transfer of a private day procedure centre
licence must—
(a) conform to the requirements of the Minister about its form, contents
and the manner in which it is made; and
(b) contain the information required by the Minister and conform with such
other requirements determined by the Minister; and
(c) be accompanied by the fee fixed by the Minister.
(3) An applicant must furnish the Minister with such further information
as the Minister may require to determine the application.
(4) The Minister will, on application under this section and payment of
the fee fixed by the Minister, transfer the licence to the proposed transferee
if the Minister is satisfied as to the suitability of the person to hold a
licence under this Part.
89H—Surrender, suspension and cancellation of
licences
(1) The holder of a private day procedure centre licence may, at any time,
surrender the licence (and the licence then ceases to be of force or
effect).
(2) The Minister
may, after giving 30 days notice in writing to the holder of a private day
procedure centre licence to show cause why the licence should not be suspended
or cancelled, suspend or cancel the licence, if the Minister is
satisfied—
(a) that the grant or transfer of the licence was obtained improperly;
or
(b) that the holder of the licence has contravened, or failed to comply
with, a provision of this Act or a condition of the licence.
(3) If the Minister suspends a private day procedure centre licence, the
Minister may order that the suspension be for a specified period or until the
fulfilment of stipulated conditions or until further order.
(4) If the Minister
cancels a private day procedure centre licence, the Minister may order that the
cancellation have effect at a specified future time and impose conditions as to
the provision of health services in pursuance of the licence until that
time.
(5) If a condition is imposed in relation to a private day procedure
centre licence under
subsection (4)
, the holder of the licence must not contravene, or fail to comply with,
the condition.
Maximum penalty: $60 000.
(6) A private day procedure centre licence—
(a) that is suspended under
subsection (2)
ceases to be of force or effect for the period of the suspension;
or
(b) that is cancelled under that subsection ceases to be of force or
effect.
89I—Appeal against decision or order of
Minister
(1) A right of
appeal to the Supreme Court lies against a decision or order of the Minister
under this Part.
(2) The appeal must be instituted within 1 month of the making of the
decision or order appealed against, but the Supreme Court may, if it is
satisfied that it is just and reasonable in the circumstances to do so, extend
that period (whether or not it has already expired).
(3) The Supreme Court may, on the hearing of the appeal, do 1 or more
of the following, according to the nature of the case:
(a) affirm, vary or quash the decision or order appealed against or
substitute, or make in addition, any decision or order that should have been
made in the first instance;
(b) remit the subject matter of the appeal to the Minister for further
consideration;
(c) make any further or other order as to costs or any other matter that
the case requires.
(4) The Minister must, if so required by a person affected by a decision
or order made by the Minister under this Part, state in writing the reasons for
the decision or order.
(5) If the reasons of the Minister are not given in writing at the time of
making a decision or order and the appellant then requests the Minister to state
the Minister's reasons in writing, the time for instituting the appeal runs from
the time when the appellant receives the written statement of those
reasons.
(6) If the Minister
or the Supreme Court is satisfied that an appeal against an order of the
Minister has been instituted or is intended, the Minister or the Supreme Court
may suspend the operation of the order until the determination of the
appeal.
(7) If the Minister has suspended the operation of an order under
subsection (6)
, the Minister may terminate the suspension and, where the Supreme Court
has done so, the Supreme Court may terminate the suspension.
89J—Inspectors
(1) The Minister
may appoint suitable persons to be inspectors for the purposes of this
section.
(2) A person appointed as an inspector by the Minister under
section 88 will be taken to be an inspector appointed under
subsection (1)
.
(3) An inspector appointed under
subsection (1)
may, at any reasonable time, enter a private day procedure centre or
premises reasonably suspected of being used in contravention of this Part and,
while on the premises, may—
(a) inspect the premises or any equipment or other thing on the premises;
and
(b) require any person to produce any documents or records; and
(c) examine any documents or records and take extracts from, or make
copies of, any of them.
(4) A person must not refuse or fail to comply with a requirement made
pursuant to this section.
Maximum penalty: $10 000.
(5) A person must not hinder or obstruct an inspector in the exercise by
the inspector of the powers conferred by this section.
Maximum penalty: $10 000.
89K—Vicarious liability
(1) For the purposes of this Part, an act or omission of an employee or
agent will be taken to be the act or omission of the employer or principal
unless it is proved that the act or omission did not occur in the course of the
employment or agency.
(2) Where an agent or employee is convicted of an offence against this
Part, the principal or employer is also guilty of an offence and liable to a
penalty not exceeding the maximum prescribed for the offence committed by the
agent or employee, unless it is proved that the principal or employer could not,
by the exercise of reasonable diligence, have prevented the commission of the
offence by the agent or employee.
(3) If a body
corporate is guilty of an offence against this Part, each director of the body
corporate is guilty of an offence and liable to the same penalty as is
prescribed for the principal offence unless the director proves that he or she
could not by the exercise of due diligence have prevented the commission of the
offence.
After section 99 insert:
99A—Fees
(1) The Minister may, by notice in the Gazette, set fees and charges for
the purposes of this Act.
(2) The Minister may remit, reduce, waive or refund a fee (or part of a
fee) payable under this Act as the Minister sees fit.
12—Amendment
of section 100—Regulations
(1) Section 100(2)(b)—after "hospital" insert:
or private day procedure centre
(2) Section 100(2)(c)—after "hospital" insert:
or private day procedure centre
(3) Section 100(2)(l)—delete paragraph (l)
(4) Section 100(2)(m)—after "private hospitals" insert:
and private day procedure centres
(5) Section 100(2)(n)—after "private hospitals" insert:
and private day procedure centres
(6) Section 100(2)(o)—delete paragraph (o)