Existing Licences - Changes

Alterations and Extensions of licensed facilities

Please contact DHHS at hselicensing@DHHS.tas.gov.auif you plan to alter/extend your facility or services. Please note that if an alteration to or extension of your licensed establishment is made without the prior 'in principle' approval of the Secretary, the Secretary may cancel your licence, under s30 of the HSE Act.

Applications

To apply for approval for an alteration to or extension of your facility:

  1. Make your application using the appropriate form (Form 3).
  2. Provide all information requested in relation to the application.
  3. Pay the appropriate application fee when invoiced (see Licensing Fees for details of the current fee values).

Please note that the application is to be made at least 14 days before an application for a Permit under the Land Use Planning and Approvals Act 1993; or a Certificate of Likely Compliance under the Building Act 2000 (as appropriate) is made.

Failure to comply with the above will result in delays in your application.

Completed forms are to be submitted by post to:

The Secretary, Department of Health and Human Services
C/O Regulation Unit
Strategic Control, Workforce and Regulation
GPO Box 125 Hobart TAS 7001

Applicants will be invoiced for the application fee on receipt of their application. The application will not be processed until full payment of the application fee has been received.

Late applications

The Secretary may consider late applications (i.e. applications where work has commenced without the prior 'in principle' approval of the Secretary) upon request.

Assessment of Application

On receipt of your application, a member of the licensing program will review the application, and ensure all items listed in the check list are included.  Failure to include all items will delay the application process.

If your application is incomplete, it will be returned to you. Details of who to contact for further information will be provided in the covering letter on return of your application. If your application is complete, a letter will be sent to you, acknowledging receipt.

The application will be forwarded to the Secretary for consideration.

The Secretary will seek advice from the Health Services Establishment Advisory Committee (see The Health Services Establishment Advisory Committee (HSEAC)) which will provide advice taking into account:

  1. Any relevant hospital services planning guidelines;
  2. The critical mass of patients required to comply with clinical practice recognised throughout Australia, and with any guidelines as to the provision of services;
  3. Any similar matter that the Advisory Committee considers to be supported by expert opinion;
  4. The current availability of services in the local area; and
  5. The suitability of the applicant to provide such services.

How long does the process take?

From the date of receipt of the application for alteration/extension (Form 3) the 'approval in principle' process will take up to six weeks, provided there are no complications and/or no further information is required.

You can assist the Secretary in making a timely decision by ensuring you have provided all necessary information, and make prompt payment of the application fee. Failure to do so will result in delays in the processing of your application.

Approval or Refusal of Alteration/Extension

'Approval in Principle':

Upon receipt of your application, the Secretary may approve the application 'In Principle' and, if necessary, amend your existing licence to reflect any construction work that is to be undertaken. This will enable you to proceed with the necessary applications under the Land Use Planning and Approvals Act 1993 or the Building Act 2000 as appropriate, and construction work to commence.

Before final approval is granted:

On completion of the building work, you are required to provide the Secretary with a copy of the Certificate of Completion (issued under s112 of the Building Act 2000) within 14 days of receipt of this document. If the alteration/extension substantially complies with your application, the Secretary will then endorse your licence and, if necessary, amend the licence to reflect any changes made by the alteration/extension.

Refusal:

If the Secretary refuses the application, a notice will be provided outlining the grounds on which the Secretary has refused the application.

If you are unhappy with the decision made by the Secretary, you may appeal to the Magistrates Court (Administrative Appeals Division), in accordance with the Magistrates Court (Administrative Appeals Division) Act 2001.


References:

Health Service Establishments Act 2006, ss. 20, 23, 24, 30

Health Service Establishments Regulations 2011

Health Services Establishments Code 2012

National Construction Code

Building Act 2000 and Building Regulations 2004

Land Use Planning and Approvals Act 1993

Magistrates Court (Administrative Appeals Division) Act 2001