Western Australian Consolidated Acts

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HOSPITALS AND HEALTH SERVICES ACT 1927 - SECT 26D

26D .         Licence, grant and conditions of etc.

        (1)         Where the CEO is satisfied that an applicant complies with the requirements of section 26B and the premises at which the applicant proposes to conduct the private hospital are satisfactory for that purpose and that the arrangements for the management, equipment and staffing of the private hospital are satisfactory he may grant a licence to the applicant.

        (2)         The CEO may impose such terms and conditions as he thinks fit in relation to any licence granted under this section.

        (3)         Without limiting the generality of subsection (2) conditions imposed in relation to a private hospital may specify —

            (a)         the maximum number of patients that may be treated at any one time at the private hospital and kinds or classes of patients that may be treated at the private hospital; and

            (b)         the number and the categories of nursing and other staff, the kinds of nursing and other care that shall be provided or available at the private hospital and the periods and times at which they shall be provided or available.

        (4)         Subject to subsection (5), the granting of a licence and the terms and conditions imposed in relation thereto under this section shall, subject to subsection (6), be in the discretion of the CEO.

        (5)         When an application for a licence —

            (a)         is in respect of premises that are not approved as premises for a hospital under this Part the CEO shall notify the applicant of his decision within 3 months of the day that the application for the licence is lodged at the office of the CEO;

            (b)         is in respect of premises that are approved premises for a hospital under this Part the CEO shall notify the applicant of his decision within 30 days of the day that the application for the licence is lodged at the office of the CEO.

        (6)         A person who is aggrieved by a decision of the CEO refusing to grant a licence may within 30 days of that decision appeal to the Minister.

        (7)         The CEO may revoke or vary any terms or conditions or both that apply in relation to any licence issued under this Part.

        [Section 26D inserted by No. 53 of 1985 s. 22; amended by No. 28 of 2006 s. 264.]



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