This article applies to all Victorian private hospitals and day procedure centres.
Health Services (Health Service Establishments) Amendment Regulations 2023 (Vic)
On 1 July 2023, the Health Services (Health Service Establishments) Amendment Regulations 2023 (Vic) (the Amending Regulations) commenced and amended the Health Services (Health Service Establishments) Regulations 2013 (Vic) (the Regulations). These amendments specify the information to be provided by private hospitals and day procedure centres to the Secretary in relation to compliance with the duty of candour.
Reporting of compliance with duty of candour
Section 128ZC(1) of the Health Services Act 1988 (Vic) (the Act) sets out a duty of candour to patients that suffer a serious adverse patient safety event and outlines the information that is to be provided to the patient in order to meet this duty. The Amending Regulations have introduced a new obligation on proprietors of private hospitals or day procedure centres, requiring them to submit a report to the Secretary concerning compliance with the duty of candour within 14 days after the end of a reporting period.
Importantly, the report must specify the number of serious adverse patient safety events suffered by patients in the course of receiving health services at the private hospital or day procedure centre, where the event was first identified in the first 3 months of a reporting period, including the following data:
- the number of serious adverse safety events;
- the number of patients that were provided with the specified information in section 128ZC(1) of the Act;
- the number of serious adverse safety events where the patient chose not to receive the information specified in section 128ZC(1) of the Act.
The reporting periods to comply with these new duty of candour requirements are as follows:
- the period beginning on 1 October and ending on 31 March;
- the period beginning on 1 January and ending on 30 June;
- the period beginning on 1 April and ending on 30 September;
- the period ending on 1 July and ending on 31 December.
All Victorian hospitals and day procedure centres should review and update their policies, processes, and systems to ensure that the relevant information is recorded in order to submit the reports required to the Secretary.