Existing Licences - Compliance

What parts of the HSE Act and Regulations apply to my facility?

Health Service Establishments are licenced under the HSE Act as Private Hospitals Day Procedure Centres or Residential Care Facilities - depending on the types of procedures performed. This detail will be specified on your licence (for further information on how you are classified as a private hospital or day procedure centre, see Do I need to be licensed?).

There are a number of general requirements contained in the HSE Act and Regulations (including, but not limited to, reporting, accreditation, disclosure of pecuniary interests to patients, and the function of the Medical Advisory Committee) that apply to all licenced facilities.

In addition to these general requirements the HSE Regulations specify separate 'classes' of Private Hospitals and Day Procedure Centres, and prescribe licensing standards depending on the class type, and any special procedures that the facility is licensed to perform, as shown below:

 

Licensing classes diagram 1

 

OR

Licensing classes diagram 2

AND: any specific licence conditions, listed on your licence schedule.

It is your responsibility to ensure that you are compliant with these requirements. It is recommended that you seek independent legal advice about your obligations under state and federal legislation, and the various clinical guidelines and standards applicable to your facility.


References:

Health Service Establishments Act 2006, ss 3,5.

Health Service Establishments Regulations 2011, Part 2, Reg 5 and 6; Schedules 1, 2 and 3.

Private Health Insurance (Benefit Requirements) Rules 2011(Cth)

The National Safety and Quality Health Service Standards (ACSQHC, national standards)

Tasmanian Health Services Accreditation Framework (DHHS, Tasmanian Framework)

Health Services Regulation Management Guide (DHHS, Tasmanian Guide)