Division 2 Private mental health facilities
(cf 1990 Act, s 211)
(1) A person may apply to the Director-General for a licence to keep premises as a private mental health facility for the admission, care and treatment of patients.(2) An application must be:(a) in a form approved by the Director-General, and(b) accompanied by a plan of the premises in respect of which the licence is sought and the prescribed fee.
116 Grant or refusal of licence
(cf 1990 Act, s 212)
(1) The Director-General may grant an application for a licence under this Division or may refuse to grant the application.(2) If the Director-General grants the application, the Director-General:(a) must specify the maximum number of patients who may be kept or treated at the private mental health facility, and(b) must specify any other terms and conditions to which the licence is subject, as the Director-General thinks fit, and(c) must issue the applicant with a licence in a form approved by the Director-General.
(cf 1990 Act, s 213)
A licence remains in force until it is cancelled in accordance with this Division.
118 Annual statement and licence fee
(cf 1990 Act, s 214)
A licensee must, on or before 31 December in each year:(a) forward to the Director-General a statement in a form approved by the Director-General relating to the conduct of the premises to which the licence relates and the admission of patients to those premises and the care and treatment of patients on those premises, and(b) pay to the Director-General the prescribed annual licence fee.
(cf 1990 Act, s 215)
If the Director-General is satisfied that a licence has been lost, destroyed or damaged, the Director-General may, on payment of the prescribed fee, issue a duplicate licence to the licensee.
120 Cancellation of licences—generally
(cf 1990 Act, s 216)
The Director-General may cancel a licence:(a) if the annual licence fee payable in respect of the licence has not been paid by the due date, or(b) if the licensee requests the Director-General, in writing, to cancel the licence, or(c) if the premises to which the licence relates have ceased to be kept as a mental health facility for the admission, care and treatment of patients, or(d) if the premises to which the licence relates cease to be the subject of a licence under the Private Hospitals and Day Procedure Centres Act 1988.
121 Cancellation of licences—failure to show cause
(cf 1990 Act, s 217)
(1) The Director-General may, by notice in writing served on the holder of a licence, require the holder to show cause, by a date and time specified in the notice (being a date not less than 1 month after the date of service of the notice), why the licence should not be cancelled.(2) The Director-General may cancel the licence if, by the date and time referred to in the notice, the holder of the licence has not shown sufficient cause why the licence should not be cancelled.
(cf 1990 Act, s 218)
(1) The holder of a licence may, at any time, apply to the Director-General for the variation of any term or condition to which the licence is subject.(2) The Director-General may, on an application being made:(a) vary any term or condition to which a licence is subject, or(b) refuse to grant the application.
123 Provision of medical services in private mental health facilities
(cf 1990 Act, s 219)
The holder of a licence must make such arrangements as may be approved by the Director-General for the provision of medical services to patients in the private mental health facility.
(cf 1990 Act, ss 220, 221)
(1) The holder of a licence must appoint a medical practitioner approved by the Director-General as the medical superintendent of the private mental health facility.(2) The medical superintendent of a private mental health facility must cause to be kept such records and furnish to the Director-General such particulars as are approved by the Minister in respect of the admission, treatment, discharge, removal, absence with or without leave or death of each patient admitted to the facility.
125 Deputy medical superintendents
(cf 1990 Act, ss 222, 223)
(1) The holder of a licence may appoint a medical practitioner as the deputy medical superintendent of the private mental health facility.(2) The appointment of the medical practitioner must be approved by the Director-General before it takes effect.(3) The deputy medical superintendent of a private mental health facility has the functions of the medical superintendent of the facility during the absence, for any reason, of the medical superintendent or during a vacancy in the office of medical superintendent.
126 Unlicensed private mental health facilities
(cf 1990 Act, s 224)
A person keeping premises is guilty of an offence against this Act if:(a) the premises were the subject of a licence that has ceased to be in force, and(b) at any time after 2 months after the licence ceases to be in force, there is in or on the premises a person who was a patient immediately before the licence ceased to be in force and who has not ceased to be a patient.Maximum penalty: 50 penalty units.
127 Certain private hospitals to be licensed
(cf 1990 Act, s 225)
A person must not conduct a private hospital within the meaning of the Private Hospitals and Day Procedure Centres Act 1988 at which a person is being treated primarily for a mental illness, unless the person who conducts the hospital is the holder of a licence granted under this Division.Maximum penalty: 50 penalty units.