Private health facilities
An overview of the arrangements that apply to the licensing of private health facilities in South Australia.
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:
*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:
Health facility licensing is managed using a single online form which allows users to nominate the purpose of the application. Supporting documentation is required and will be requested during the application. Applicants must obtain written approval from the Minister for Health and Wellbeing’s delegate before any changes such as building works or the provision of new services may commence.
Facilities are also required to pay a prescribed fee. Details of the current fees can be found on the fees and charges page.
Follow this link to begin an online application to the Health Licensing Unit.
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.
Please refer to the processing of licences page for further details regarding these timeframes.
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:
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.
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.
Annual returns are now submitted electronically. All information including supporting documents can be submitted using the online smartform for annual returns.
Facilities must also ensure that they operate in accordance with any specific licence conditions imposed on them.
This includes maintaining accreditation to the Australian Commission on Safety and Quality in Health Care’s National Safety and Quality Health Service Standards.
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.
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 Commonwealth Private Health Insurance Act 2007.
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.
Email: Health.Licensing@sa.gov.au
Phone:(08) 8226 6416