Victorian Numbered Acts

HEALTH LEGISLATION AMENDMENT (QUALITY AND SAFETY) ACT 2017 (NO. 52 OF 2017) - SECT 42

After section 105 of the Health Services Act 1988 insert —

        "     106     Health service establishment premises guidelines

    (1)     The Secretary may approve guidelines in relation to the design, construction, fittings and equipment of premises, or of parts of premises, at which a health service establishment is located.

    (2)     The Secretary must cause a notice of approval of guidelines under subsection (1) to be published—

        (a)     in the Government Gazette; and

        (b)     on the Department's Internet site.

    (3)     A notice of approval of guidelines must state—

        (a)     where a copy of the health service establishment premises guidelines may be obtained; and

        (b)     the date on which the health service establishment premises guidelines take effect; and

        (c)     whether the health service establishment premises guidelines operate as at the date of the approval or as amended from time to time.

    (4)     The proprietor of a health service establishment must not, without reasonable excuse, fail to comply with the requirements of any applicable health service establishment premises guidelines.

        107     Approval of accreditation scheme

    (1)     The Secretary may approve an accreditation scheme in relation to a specified kind of health service establishment.

    (2)     The Secretary must cause a notice of approval of an accreditation scheme under subsection (1) to be published—

        (a)     in the Government Gazette; and

        (b)     on the Department's Internet site.

    (3)     A notice of approval of an accreditation scheme must state—

        (a)     where a copy of the accreditation scheme may be obtained; and

        (b)     the date on which the accreditation scheme takes effect; and

        (c)     the kind of health service establishment to which the accreditation scheme applies.

        107A     Proprietor to comply with approved accreditation scheme

The proprietor of a health service establishment must not, without reasonable excuse, fail to comply with the requirements of an applicable approved accreditation scheme.

Penalty:     60 penalty units in the case of a natural person;

    300 penalty units in the case of a body corporate.

        107B     Proprietor to notify Secretary of failure to obtain accreditation or of revocation of accreditation

    (1)     The proprietor of a health service establishment who is notified that the proprietor's application for accreditation under an approved accreditation scheme is refused must not, without reasonable excuse, fail to give notice of the refusal to the Secretary within 24 hours after receiving the notification.

Penalty:     60 penalty units in the case of a natural person;

    300 penalty units in the case of a body corporate.

    (2)     The proprietor of a health service establishment who is notified that the health service establishment's accreditation under an approved accreditation scheme is revoked must not, without reasonable excuse, fail to give notice of the revocation to the Secretary within 24 hours after receiving the notification.

Penalty:     60 penalty units in the case of a natural person;

    300 penalty units in the case of a body corporate.

        108     Application for approval of alterations to clinical area

    (1)     The proprietor of a health service establishment whose premises include a clinical area substantially altered, renovated or extended after registration of the premises was granted must not, without reasonable excuse, fail to apply to the Secretary for permission to use that altered, renovated or extended clinical area.

Penalty:     60 penalty units in the case of a natural person;

    300 penalty units in the case of a body corporate.

    (2)     An application under subsection (1)—

        (a)     must be in the prescribed form; and

        (b)     must be accompanied by the prescribed fee.

    (3)     The proprietor must give to the Secretary any further information relating to the application that the Secretary requests.

        108A     Decision on application for approval of alterations to clinical area

    (1)     In determining whether to approve or refuse the use of a substantially altered, renovated or extended clinical area, the Secretary—

        (a)     may carry out an inspection of the clinical area; and

        (b)     must consider—

              (i)     any relevant registration criteria set out in section 83; and

              (ii)     any report made following an inspection of the clinical area.

    (2)     The Secretary must decide whether to approve or refuse the use of a substantially altered, renovated or extended clinical area of a health service establishment.

    (3)     The Secretary must give written notice to the proprietor of the decision within the period determined under section 104.

        108B     Offence to use altered, renovated or extended clinical area without approval

The proprietor of a health service establishment whose premises include a clinical area that is substantially altered, renovated or extended must not, without reasonable excuse, use that clinical area if the Secretary has not granted approval of that use under section 108A.

Penalty:     60 penalty units in the case of a natural person;

    300 penalty units in the case of a body corporate.".