PRIVATE HEALTH FACILITIES ACT 1999

Queensland Consolidated Acts

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PRIVATE HEALTH FACILITIES ACT 1999

TABLE OF PROVISIONS

Long Title

Contents

Part 1--Preliminary

1. Short title
2. Commencement
3. Main object of Act and its achievement
4. Outline of approval and licensing requirements
5. Act binds all persons

Part 2--Interpretation

Division 1--Definitions

6. Definitions

Division 2--Basic concepts

7. Meaning of health service
8. Meaning of private health facility
9. Meaning of private hospital
10. Meaning of day hospital

Division 3--Authority holders

11. Authority issued jointly to more than 1 person

Part 3--Standards

12. Chief health officer may make standards

Part 4--Suitability of persons to be authority holders

13. Suitability of persons
14. Suitability of associates
15. Investigation of suitability of persons
16. Criminal history reports for investigation

Part 5--Approvals

Division 1--Applications for approvals

17. Requirements about application for an approval
18. Further information or documents to support application for an approval

Division 2--Deciding applications for approvals

19. Decision about application for an approval
20. Further consideration of application for an approval
21. Application for an approval taken to be refused in certain circumstances

Division 3--Form, conditions and term of approvals

22. Form of approval
23. Conditions of approval
24. Term of approval

Division 4--Extension of term of approval

25. Extension of term of approval
26. Further information or documents to support application for extension
27. Decision about application for extension
28. Approval continues in force while application is considered

Division 5--Dealings affecting approvals
Subdivision 1--Changing approvals

29. Changing approval—chief health officer acting on own initiative
30. Changing approval—application by approval holder
31. Further information or document to support application to change an approval
32. Decision about application to change an approval
33. Further consideration of application to change an approval
34. Application to change an approval taken to be refused in certain circumstances
35. Recording changes to approvals
Subdivision 2--Other dealings affecting approvals
36. Surviving persons taken to be approval holder
37. Surrender of approvals
38. Replacing approvals

Part 6--Licences

Division 1--Licences for operation of private health facilities

39. Licences required to operate private health facilities
40. Licences not required to operate certain day hospitals

Division 2--Applications, and materials to support applications, for licences

41. Restriction on application for licence
42. Requirements about applications for licences
43. Further information or documents to support application for a licence

Division 3--Deciding applications for licences

44. Decision about application for a licence
45. Further consideration of application for a licence
46. Application for licence taken to have been refused in certain circumstances

Division 4--Form, conditions and term of licences

47. Form of licence
48. Conditions of licence
49. Contravention of condition
50. Term of licences

Division 5--Renewal of licences

51. Renewal of licences
52. Further information or document to support application for renewal

Division 6--Deciding applications for renewal

53. Decision about application for renewal
54. Licence continues in force while application is considered

Division 7--Dealings affecting licences
Subdivision 1--Changing licences

55. Changing licence—chief health officer acting on own initiative
56. Licensee may apply to change a licence
57. Further information or document to support application to change a licence
58. Decision whether to change licence
59. Further consideration of application to change a licence
60. Application to change a licence taken to be refused in certain circumstances
61. Recording change of licence
Subdivision 2--Making prescribed alterations to private health facilities
62. Meaning of prescribed alteration
63. Requirements about applications for approval of prescribed alterations
64. Further information or document to support applications for approval of prescribed alterations
65. Decision about applications for approval of prescribed alterations
66. Application for approval of a prescribed alteration taken to be refused in certain circumstances
Subdivision 3--Transfers of licences
67. Transfer of licence
68. Requirements about transfer applications
69. Further information or documents to support transfer application
70. Decision about transfer application
71. Further consideration of application to transfer a licence
72. Application to transfer a licence taken to be refused in certain circumstances
73. Recording transfer of licence
Subdivision 4--Other dealings with licences
74. Encumbrances have no effect
75. Death of sole licensee
76. Surviving persons taken to be licensee
77. Surrender of licences
78. Surrender before operation of facility stops
79. Replacing licences

Part 7--Suspension and cancellation of authorities

80. Grounds for suspension or cancellation
81. Show cause notice
82. Consideration of representations
83. Ending show cause process without further action
84. Suspension and cancellation of authorities
85. Immediate suspension of licence
86. Cancellation or reduction of period of suspension of authority

Part 8--Investigation and enforcement

Division 1--Authorised persons

87. Appointment and qualifications
88. Functions and powers
89. Appointment conditions
90. Identity cards
91. Failure to return identity card
92. Production or display of identity card

Division 2--Powers of authorised persons
Subdivision 1--Power to enter places

93. Power to enter places
Subdivision 2--Procedure for entry
94. Entry with consent
95. Application for warrant
96. Issue of warrant
97. Special warrants
98. Warrants—procedure before entry
Subdivision 3--Powers after entry
99. General powers after entering places
100. Exercise of general powers
101. Failure to help authorised person
102. Failure to give information
Subdivision 4--Power to seize evidence
103. Seizing evidence at a place that may be entered without consent or warrant
104. Seizing evidence at place that may only be entered with consent or warrant
105. Securing seized things
106. Tampering with seized things
107. Powers to support seizure
108. Receipts for seized things
109. Forfeiture by authorised person
110. Forfeiture on conviction
111. Dealing with forfeited things
112. Return of seized things
113. Access to seized things
Subdivision 5--Power to obtain information
114. Power to require name and address
115. Failure to give name or address
116. Power to require production of documents
117. Failure to certify copy of document
118. Failure to produce document
119. Power to require information
Subdivision 6--Enforcement matters
120. Notice of damage
121. Compensation
122. False or misleading statements
123. False or misleading documents
124. Obstructing and impersonating authorised persons
125. Compliance notices

Part 9--Reviews

Division 1--Internal review of decisions

126. Review process starts with internal review
127. Who may apply for review
128. Applying for review
129. Review decision
130. Stay of operation of original decision

Division 2--External review of decisions

131. Who may apply for external review

Part 10--Legal proceedings

Division 1--Evidence

137. Application of div 1
138. Appointments and authority
139. Signatures
140. Evidentiary aids

Division 2--Proceedings

141. Summary proceedings for offences
142. Responsibility for acts or omissions of representatives
143. Executive officers must ensure corporation complies with Act

Part 11--Miscellaneous

143A. Authority holder to notify chief health officer of certain events
144. Submission of reports
145. False or misleading report
146. Protecting officials from liability
147. Confidentiality of information
147A. Application of section 147 to person under Coroners Act 2003
148. Delegations
149. Advisory committees
150. Approval of forms
151. Regulation-making power

Part 12--Saving and transitional provisions

Division 1--Interpretation

152. Definitions for pt 12

Division 2--Saving and transitional provisions

153. References to repealed division
154. Consents
155. Existing licences to erect
156. Existing licences to use
157. Pending applications
158. Action to cancel or suspend an existing licence to use
159. Suspended licences to use
160. Proposed additions or alterations
161. Offences
162. Application of offence provision requiring licences for day hospitals and other provision
163. Licences not required to operate certain day hospitals
164. Inclusion of statement in certain licences

Part 13--Validating provision

165. Validation of notices under s 12(3)

Part 14--Transitional provisions for Mater public hospitals

166. Definitions for pt 14
167. Mater public hospitals are private hospitals
168. Chief health officer may issue licence
SCHEDULE 1 DECISIONS FOR WHICH INFORMATION NOTICES MUST BE GIVEN
SCHEDULE 3 DICTIONARY
Endnotes

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