Health Service Establishments Act 2006 (Tas)

Health Service Establishments Act 2006

An Act to provide for the licensing and control of health service establishments and to repeal the Hospitals Act 1918 [Royal Assent 1 November 2006]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Health Service Establishments Act 2006 .

2. Commencement This Act commences on a day to be proclaimed.

3. Interpretation (1) In this Act, unless the contrary intention appears – Advisory Committee means the Health Service Establishments Advisory Committee established under section 6 ; application means – (a) an application for a licence under section 9 ; or (b) an application for transfer of a licence under section 19 ; or (c) an application to alter or extend an establishment under section 20 ; or (d) an application for amendment of a licence under section 22 ; commencement date means the date fixed by proclamation under section 2 ; day-procedure centre means an establishment at which any patient is admitted and discharged on the same day for medical, surgical or other treatment, but does not include – (a) any such establishment conducted by or on behalf of the State; or (b) a public hospital or health service under the control of a public health organisation within the meaning of the Health Act 1997 ; or (c) a private hospital licensed under this Act; or (d) a residential care service; director of nursing means the director of nursing of an establishment as referred to in section 39 ; establishment means – (a) a day-procedure centre; or (b) a private hospital; or (c) a residential care service; former Act means the Hospitals Act 1918 ; funded resident means a resident of a residential care service whose care is partly or fully funded, either directly or indirectly, by the Commonwealth or a State or Territory of the Commonwealth; licence means a licence issued under section 12 and in force under this Act, and includes a temporary licence; licensee means the holder, or any one or more of the holders, for the time being of a licence; licensed establishment means an establishment in respect of which a licence has been issued under this Act; licensing standards means the standards prescribed by the regulations; member means a member of an Advisory Committee appointed under section 6 ; patient means – (a) in respect of a private hospital, a person accommodated in the private hospital for treatment; or (b) in respect of a day-procedure centre, a person admitted to the day-procedure centre for treatment; or (c) a person for whom any residential care service is provided; personal care means – (a) assistance with one or more of the following: (i) bathing, showering or personal hygiene; (ii) dressing or undressing; (iii) meals; or (b) physical assistance or supervision for persons subject to a disability; or (c) assistance or supervision in dispensing medicine; or (d) the provision of substantial emotional support; practitioner means a medical practitioner or a dentist; premises includes any land, building and part of any building; private hospital means premises at which any patient is provided with accommodation, medical, surgical or other treatment and with ancillary nursing care, for fee, gain or reward, but does not include – (a) an establishment conducted by or on behalf of the State; or (b) a day-procedure centre; or (c) a residential care service; professional attention means – (a) medical or surgical treatment by or under the supervision of a registered medical practitioner; or (b) obstetric treatment by or under the supervision of a registered medical practitioner or a registered nurse with obstetric qualifications; or (c) dental treatment by or under the supervision of a registered dental practitioner; or (d) podiatric treatment by a registered podiatrist; public hospital means a State-funded hospital; register of patients means the register that is required by section 42 to be kept at an establishment; residential care service means premises where accommodation and personal care or nursing care are provided to an elderly person who is not a member of the immediate family of the proprietor of the service, but does not include a service providing accommodation for persons otherwise living independently even though the provision of accommodation may or may not include domestic services such as the preparation of meals, cleaning and laundry services; Secretary means the Secretary of the Department; temporary licence means a licence issued under section 13 and in force under this Act; type A procedure means a procedure involving professional attention normally requiring admitted overnight hospital stay; type B procedure means a procedure involving professional attention normally requiring admitted hospital treatment that does not include part of an overnight stay; type C procedure means a procedure involving professional attention that does not normally require admitted hospital treatment. (2) A reference in this Act to medical, surgical or other treatment includes a reference to a diagnosis for the purposes of any such treatment. (3) A reference in this Act to the conduct of an establishment (however expressed) is a reference to the carrying on of the business of the establishment. (4) A reference in this Act to a person who conducts an establishment (however expressed) is a reference – (a) to a corporation which conducts the establishment, except where that corporation is acting only in its capacity as an agent; or (b) to a natural person who conducts the establishment (whether jointly with other persons or alone), except where that person is acting only in the person's capacity as an employee or an agent. (5) For the purposes of this Act, a corporation is not a fit and proper person to be a licensee unless each director and each person concerned in the management of the corporation is a fit and proper person to be a licensee.