Offences

Offences and Fines under the Act

Offence

Penalty

Ref:

Failure to have a copy of the HSE Act and Regulations readily available at the establishment, for inspection by the Director of Nursing.

Fine up to 5 penalty units

s43 HSE Act

Conducting an unlicensed private hospital or day procedure centre.

Fine up to 100 penalty units, and 10 units for each day the offence continues.

s33 and 34 HSE Act

Conducting unauthorised (i.e. unlicensed) procedures.

Fine up to 100 penalty units, and 10 units for each day the offence continues.

s32 HSE Act

Failure to comply with request from Secretary requiring repairs, maintenance, alterations, extensions or improvements.

Fine up to 20 penalty units.

s21 HSE Act

Failure to forward licence to the Secretary, following request from Secretary for the licence for the purposes of amending the licence.

Fine up to 5 penalty units.

s22(5) HSE Act

Causing or permitting a licensed premises to be used for any purpose other than for a permitted purpose.

Fine up to 20 penalty units, and 2 units for each day the offence continues.

s37 HSE Act

Causing or permitting overcrowding – i.e. allowing the number of patients accommodated overnight at any one time to exceed the number of patients specified in the licence. Note: the licensee is not guilty of an offence under s38 in respect of anything done in an emergency.

Fine up to 20 penalty units.

s38 HSE Act

Failure to appoint a Director of Nursing (with appropriate qualifications and experience).

Fine up to 20 penalty units.

s39 HSE Act

Failure to notify the Secretary of the full name and qualifications and provide the current registration/ authority to practice of the Director of Nursing.

Fine up to 5 penalty units.

s39 HSE Act;

Reg 15 HSE Regs

Failure to keep a proper register of patients, and/or entering false or misleading material, or wilfully failing to enter any particular required by the HSE Act.

Fine up to 20 penalty units.

s42 HSE Act

Use of the term "Director of Nursing" or "Matron" by any person (i.e. licensee or person employed by establishment) that is not the Director of Nursing.

Fine up to 20 penalty units.

s40 HSE Act

Failing to disclose pecuniary interests in the establishment to patients (in the manner prescribed by Regulations).

Fine up to 20 penalty units.

s45 HSE Act;

Reg. 16 and 17 HSE Regs

Wilfully hindering, obstructing or delaying any person in the performance of any function under the HSE Act.

Fine up to 20 penalty units.

s48 HSE Act

In respect of any application or any inquiry under the HSE Act: making a statement knowing it to be false or misleading; or omitting any matter from a statement, knowing that without that matter the statement is false or misleading.

Fine up to 20 penalty units.

s49 HSE Act

Failure to provide any information requested by the Secretary that in the opinion of the Secretary is required for the purposes of the HSE Act.

Fine up to 100 penalty units.

s54 HSE Act

Failure to take out and maintain an approved policy of insurance and workers compensation insurance in respect of the conduct of the facility

Fine up to 5 penalty units.

Reg. 13 HSE Regs

Failure to display licence (or a full-size copy of the licence) in a prominent place in the entrance foyer of the private hospital or day procedure centre.

Fine up to 5 penalty units.

Reg. 18 HSE Regs

Failure to provide routine information, as may be required by the Secretary for health planning, benchmarking and reporting on performance as required by the Commonwealth.

*note: routine information is not currently required at the end of each month, as outlined in the Regulations, however this may change in the future at the Secretary's request.

Fine up to 5 penalty units.

Reg. 12 HSE Regs

Failure to comply with the provisions of the Regulations and the standards specified in the relevant Schedules of the Regulations.

Fine up to 5 penalty units.

Reg. 7 HSE Regs

Failure to provide the Secretary with particulars of any change in the directors or major shareholders of the corporation as soon as practicable after the change (where the licensee is a corporation).

Fine up to 5 penalty units.

Reg. 19 HSE Regs

The value of a penalty unit is established by the Penalty Units and Other Penalties Act 1987. The value of a penalty unit for 1 July 2014 – 30 June 2015 is $140.

Please note that the licence can also be cancelled by the Secretary if the licensee (including the director and/or management of a corporation) is convicted of an offence under the HSE Act or the Regulations.


References:         

Health Service Establishments Act 2006, sections as above.

Health Service Establishments Regulations 2011, sections as above.

Penalty Units and Other Penalties Act 1987