New Private Day Procedure Legislation in South Australia

This training brochure applies to organisations that operate private day procedure centres.

Health Care (Miscellaneous) Amendment Act 2016 No. 23 (SA); Health Care (Private Day Procedure Centres) Variation Regulations 2018 No. 52 (SA)

The final provisions of the Health Care (Miscellaneous) Amendment Act 2016 (SA) (the Amending Act) commenced on 1 May 2018.  The Amending Act has amended the Health Care Act 2008 (SA) (the Act).

The Health Care (Private Day Procedure Centres) Variation Regulations 2018 No. 52 (SA) also commenced on 1 May 2018 and have amended the Health Care Regulations 2008 (SA) (the Regulations).

Part 10A has been inserted into the Act to allow for the licensing and regulation of private day procedure centres that stand alone from other facilities. The most notable provisions are as follows:

  • Section 89B prohibits the provision of prescribed health services without a private day procedure centre licence (licence).
  • Section 89C outlines the procedure for applying for a licence and deems those entities with the responsibility for a declared day hospital at the commencement of the Amending Act as being taken to hold a licence.
  • Section 89E creates an offence for a licence holder to contravene the Act or a condition of the licence.
  • Section 89H creates an offence for a licence holder to contravene or fail to comply with a condition imposed on a licence that has a future cancellation date.

All offences created by Part 10A of the Act carry a maximum penalty of $60,000.

The definition of a health services entity in the Act has also been amended to include an entity that provides health services at a private day procedure centre.

Part 4A has been inserted into the Regulations for the regulation of private day procedure centres.  The most notable of the new regulations are as follows:

  • Regulation 21B provides for the exclusion of paramedical or ambulance services, and services provided by a member of an emergency service in the course of an emergency (including services provided in the course of a trauma retrieval) from the definition of health services under Part 10 of the Act.
  • Regulation 21C lists the prescribed health services for the purposes of section 89(1) of the Act.
  • Regulation 21F provides that the holder of a private day procedure centre licence must keep a register and sets out the information to be recorded.

Conclusion

Subscribers should ensure that all systems are updated to reflect the above changes that are set out in detail in the new SA – Private Day Procedure Centres and the existing SA – Analysis of Adverse Incidents modules.

Contact

For further information please contact the Law Compliance team:

Phone: 1300 862 667

Email: info@lawcompliance.com.au

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