Approval

My application for a licence has been refused: what happens next?

Under the HSE Act, the Secretary may refuse an application for a licence if it is considered:

  1. the applicant, or any of the applicants, is not a fit and proper person to be a licensee; or
  2. the proposed establishment is not capable of being conducted in accordance with the applicable licensing standards; or
  3. the application should be refused, having regard to development guidelines as may be prescribed by the regulations; or
  4. the proposed establishment will have insufficient patients to ensure a critical mass for the maintenance of skills, or the recruitment and retention of specialist staff.

The Secretary will provide you with a notice in writing, outlining the reasons for refusal of the application. If the Secretary has refused the application on the ground that one or more applicants is not a fit and proper person, they will also provide details of why this is considered to be the case.

If you are unhappy with the decision made by the Secretary, you may appeal to the Magistrates Court (Administrative Appeals Division), in accordance with the Magistrates Court (Administrative Appeals Division) Act 2001.

My application for a licence has been approved 'in principle': what happens next?

The Secretary will grant an 'in principle' or temporary approval, and provide written advice of the conditions to be met before a full licence is issued. The Secretary will nominate a contact officer to assist you with the process leading to a full licence.

Issue of Full Licence

Before the full licence is issued, a final inspection may be carried out to ensure that the Private Hospital or Day Procedure Centre has been constructed in accordance with approved plans, complies with the conditions of the 'Approval in Principle', and is compliant with relevant standards prescribed by the HSE Act and Regulations. The final licence certificate and accompanying schedule of conditions will then be provided to the licensee.  When a full licence is issued, the Department will invoice the applicant for the licence fee (i.e. this is separate to the application fee already paid).

My application for a licence has been fully approved: what happens next?

As the licensee, you are responsible for the conduct of the establishment, and to ensure that your facility meets its licensing conditions and the standards outlined in the HSE Act and Regulations (see What parts of the HSE Act and Regulations apply to my facility? for more information).

You are also required to display your licence (or a full-size copy of your licence) in a prominent place in the entrance foyer of your licensed facility.

What is on a licence?

A licence consists of:

  1. a licence certificate (Form 14), which identifies the licence number, the licensee and any other relevant information (e.g. ABN; name of the trust and trustee/s), the establishment licenced, the address of the establishment, and the category of licence (i.e. whether the licence is for a Day Procedure Centre, Private Hospital or Residential Care Facility); and
  1. a schedule, attached to the licence (Form 6A for Day Procedure Centres, and Form 6B for Private Hospitals). This schedule lists the range of permitted care and services the establishment can provide, and the licence conditions for the facility (such as compliance with relevant clinical guidelines, and accreditation by a specified date).

References:

Health Service Establishments Act 2006, ss. 10, 24 , 28

Health Service Establishments Regulations 2011 Reg 18, and Schedules 1 – 5

Magistrates Court (Administrative Appeals Division) Act 2001