Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this Act,
subject to the context —
agency means an agency established under
section 7B(1);
agency board means an agency board referred to in
section 7C(1)(b);
board means a hospital board constituted under
section 15, and includes the Minister in relation to any public hospital
controlled by him under section 7;
CEO has the meaning given by section 3 of the
Health Legislation Administration Act 1984 ;
Commonwealth Act means the Health Insurance
Act 1973 , as amended from time to time, of the Parliament of the
Commonwealth;
day hospital facility means premises that are not
attached to, or, that are set apart from, a hospital being premises at which
persons are received for professional attention or professional medical
attention in a class of professional attention determined by the Minister
under subsection (3) to be professional attention but not being premises
at which overnight accommodation is provided;
Department means the department of the Public
Service of the State principally assisting the Minister in the administration
of this Act;
Executive Director means the Executive Director,
Personal Health Services of the Department;
hospital means an institution for the reception
and treatment of persons suffering from illness or injury, or in need of
medical, surgical or dental treatment or assistance, and includes a maternity
home or maternity hospital, day hospital facility, nursing home or nursing
post;
hospital service includes accommodation,
maintenance, care, and all other services rendered, goods supplied or work
done at, by or on behalf of a public hospital, in relation to the person in
question;
hospital service provider means —
(a) the
board of a public hospital;
(b) the
holder of a licence granted under this Act to conduct a private hospital or a
private psychiatric hostel;
infectious disease has the meaning given to that
expression in the Health Act 1911 ;
nursing home means premises in which persons who
do not require constant medical attention are received as patients and lodged
for the purpose of medical supervision and nursing care but does not include
any premises declared by the Minister under section 3 not to be a nursing
home for the purposes of this Act;
nursing post means a place at which a nurse is
stationed and at which facilities exist for medical attention but which is not
normally used for the accommodation of in-patients;
practitioner includes —
(a) a
person registered under the Health Practitioner Regulation National Law
(Western Australia) in the medical profession; and
(b) any
other person practising in the field of health or medicine who is declared by
the Minister under section 3(5) to be a practitioner for the purposes of
this Act;
private hospital means a hospital that is not a
public hospital;
private non-profit hospital means a hospital which
is maintained by a religious or charitable organization and is not carried on
for the purpose of private gain;
public hospital means any hospital that
is —
(a)
conducted or managed by —
(i)
a board constituted under this Act; or
(ii)
the Minister under this Act;
or
(b)
declared to be a public hospital under section 3;
teaching hospital means an institution declared by
the Minister under section 3 to be a teaching hospital for the purposes
of this Act.
(1a) In the definition
of hospital in subsection (1) illness includes mental illness as defined
in section 4 of the Mental Health Act 1996 , but this subsection
does not affect the requirement of that Act that a person may only be detained
under that Act in an authorised hospital as defined in that Act.
(2) Notwithstanding
the provisions of any other Act, the making or giving of a grant or subsidy to
a private hospital under this Act does not affect the status of the hospital
as a private hospital.
(3) The Minister may
determine any professional medical service to be professional attention for
the purposes of the definition of day hospital facility in
subsection (1).
(4) A determination
under subsection (3) may be made by the Minister either generally or in
relation to such professional attention as is specified or by reference to a
declaration or determination made under any law of the State or the
Commonwealth.
[Section 2 inserted by No. 33 of 1972
s. 5; amended by No. 71 of 1976 s. 2; No. 85 of 1983
s. 3; No. 28 of 1984 s. 49; No. 53 of 1985 s. 15;
No. 103 of 1994 s. 6 and 15; No. 14 of 1996 s. 4;
No. 69 of 1996 s. 41; No. 61 of 2004 s. 12; No. 28 of
2006 s. 263; No. 22 of 2008 Sch. 3 cl. 27; No. 35 of
2010 s. 93.]