In South Australia, private hospitals and private day procedure centres are licensed under the Health Care Act 2008 (the Act) and associated Health Care Regulations 2008 (the Regulations).
Private hospitals are defined in the Act as being an entity (whether corporate or unincorporated and including a partnership or other structure) by which health services are provided, being health services that include services provided to persons on a live-in basis”.
Institutions conducted by or on behalf of the State, including public hospitals and nursing homes, and premises licensed under the Supported
Residential Facilities Act 1992 are not included in the definition of private hospital under the Act.
Private day procedure centres provide prescribed health services to patients who are admitted and discharged on the same day. Under the Act a person must not provide a ‘prescribed health service’ at unlicensed premises (maximum penalty: $60,000)
A ‘prescribed health service’ is defined as involving the administration of:
General, spinal, epidural or major regional block anaesthetic; or
Intravenous sedation (only if greater than ‘conscious sedation’); or
Local anaesthetic (except provided by a general practitioner, or in general dentistry practice, or excluded by the Regulations*); or
Health services prescribed by the Regulations**
*Under the Regulations, health practitioners registered with a national board and authorised under law to administer local anaesthetic are excluded from the requirement to only perform local anaesthetic procedures in a licensed facility. Topical local anaesthetic is also excluded.
**There are currently five prescribed classes of health services listed in the Regulations:
Licence and building applications
A range of application forms has been prepared to manage the health facility licensing process. These are detailed below.
The following forms are used by an organisation intending to build new premises, a licensed facility intending to establish new premises or relocate to a new facility:
Application for a Private Hospital Licence
Application for a Private Day Procedure Centre Licence
A licensed facility intending to extend services to additional premises, relocate to a new facility or alter the operations within the existing facility, must submit an application for an alteration to their licence as the existing licence was granted to the licensee based on the existing premises meeting requirements. Applicants must obtain written approval from the Minister for Health and Wellbeing’s delegate before any building works commence.
The following forms are used by an organisation intending to alter or extend existing licensed premises:
Application for Alteration or Extension of a licensed Private Hospital Premises
Application for Alteration or Extension of a licensed Private Day Procedure Centre
Applicants must obtain written approval from the Minister for Health and Wellbeing’s delegate before any building works commence.
The following forms are used by an organisation intending to alter the range of services:
Application for Variation of Licence/Conditions of Private Hospital Licence
Application for Alteration or Extension of a licensed Private Day Procedure Centre
The Transfer of a Private Hospital or Private Day Procedure Centre Licence application is used to transfer a licence from the existing licensee to a new proposed licensee. The licence is not transferable to new premises.
The following forms are used by an organisation intending to transfer the licence:
Application for the Transfer of a Private Hospital Licence
Application for the Transfer of a Private Day Procedure Centre Licence
Applicants must submit a fully completed application form along with any supportive documents requested in the application:
Please refer to the private health facility licensing forms page for access to these forms.
Timeframe for processing licence and building applications
Applicants are advised to consider these timeframes during their
planning process. These timeframes are based on a complete application being
submitted by the applicant.
These times are indicative only and will vary depending on the number of applications received at any one time and the size and scope of any proposed new/altered facilities.
Two weeks to allow applications to be checked for completeness. An acknowledgement email will be provided.
A minimum of two
months from the receipt of a complete application to be assessed against the relevant guidelines and standards (including time for liaison with the applicant and any other parties).
Applicants must provide a minimum of four weeks advance notification of their preferred inspection date to occur following commissioning. An inspection cannot occur until all furniture, fixtures and equipment are in place.
Following a satisfactory inspection, including the submission of all test results, currently licensed facilities must allow a minimum of three weeks from the inspection date for the approval of an alteration/extension application. This application requires written approval from the Minister for Health and Wellbeing’s delegate.
Following a satisfactory inspection, including the submission of all test results, new licence applicants must allow a minimum of five weeks from the inspection date for the approval of an alteration/extension application. This application requires written approval from the Minister for Health and Wellbeing’s delegate.
Applications and architectural plans will be assessed against the Australasian Health Facilities Guidelines, as published by the Australasian Health Infrastructure Alliance, and Infection Control Standards and other relevant standards or guidelines, as applicable (depending on the nature of the services provided).
In addition to the relevant guidelines and standards, the following will be considered:
The flow of clients through the service
The flow of equipment (dirty/clean) and how it is sterilised and stored
Reprocessing of equipment
Infection control processes
The ability of barouches to fit through doors and extract clients unable to move
Access for the ambulance service
Inspections and audits
Upon completion of the building works and following commissioning, SA Health will undertake a site inspection in accordance with section 88 of the
Health Care Act 2008 to ensure that the facility has been built in accordance with the approved plans and that it complies with the conditions of all relevant legislation.
This inspection will only occur after the facility has been finished and handed over to the applicant (commissioned). All furniture, fixtures and equipment must be in place for the inspection.
Facilities should ensure that evidence of test results (e.g. air sampling, water quality) and emergency procedures for deteriorating clients are available.
Facilities will be provided with a report following the inspection. Depending on the outcome of the inspection, facilities may be required to take remedial action in response to the findings of the inspection.
Inspections may also be conducted to ensure ongoing compliance of licensing requirements in accordance with SA Health licensing standards and conditions.
The site can only become operational once approval has been provided.
Ongoing compliance requirements
The Health Care Regulations 2008 provides details of the annual returns that must be submitted by private health facilities to SA Health. These returns are due by 30 April each year and SA Health will contact each facility prior to this date to provide further information. Facilities are also required to pay an annual licence fee.
Facilities must also ensure that they operate in accordance with any specific licence conditions imposed on them.
Under s87 of the Health Care Act 2008, an applicant or licensee has a right of appeal against a decision or order of the Minister in relation to private hospital licensing.
A right of appeal is handled by the Supreme Court and must be initiated within one month of the decision or order that is being challenged. The Supreme Court has the power to extend that one month period, if it is satisfied that it is just and reasonable in the circumstances to do so.
Commonwealth provider numbers
The Australian Government’s Department of Health manages this process.
Following the issue of a licence, SA Health will advise this department that it has no objection to a provider number being issued to the facility under the CommonwealthPrivate Health Insurance
If a facility wishes to be declared for private health insurance purposes, they must complete the ‘Private Hospital Information Form’ and submit it to the Australian Government’s Department of Health. The form and further information about the process can be found at the Australian
Government’s Department for Health website.
For more information including whether your premises require a private hospital or private day procedure centre licence, please contact the Health Licensing Unit, and their authorised officers will respond to your query.
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