Chapter 8 Establishment and administration of hospitals
Division 1 Hospitals other than authorised hospitals
208 Establishment of hospitals other than authorised hospitals
(1) The Director-General, by order published in the Gazette:(a) may declare any premises specified or described in the order, being premises to which this section applies, to be a hospital, and(b) may, in the same or another order so published, assign a name to the premises so specified or described.(2) The Director-General may, by order published in the Gazette, change the name assigned to any premises specified or described in such an order.(3) Premises to which this section applies are:(a) premises which belong to or are under the control of the Crown or a person acting on behalf of the Crown, and(b) a public hospital within the meaning of the Health Services Act 1997, and(c) (Repealed)(d) where the person to whom premises belong or who has control of premises, by an instrument in writing given to the Director-General, agrees to the premises being premises to which this section applies—those premises.
209 Appointment of medical superintendents
The Director-General must, by instrument in writing, appoint a medical practitioner as medical superintendent of a hospital, other than an authorised hospital.
210 Appointment of deputy medical superintendents
(1) The Director-General may, by instrument in writing, appoint a medical practitioner as deputy medical superintendent of a hospital, other than an authorised hospital.(2) The deputy medical superintendent of a hospital, other than an authorised hospital, has the functions of the medical superintendent of the hospital during the absence, for any cause whatever, of the medical superintendent or during a vacancy in the office of medical superintendent.
Division 2 Authorised hospitals
(1) A person may apply to the Director-General for a licence to keep premises as a hospital for the admission, care and treatment of patients.(2) An application:(a) must be in a form approved by the Minister, and(b) must be accompanied by a plan of the premises in respect of which the licence is sought and the prescribed fee.
212 Grant or refusal of licence
(1) The Director-General may grant an application under section 211 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 hospital, 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 to the applicant a licence in a form approved by the Minister.
A licence remains in force until it is cancelled in accordance with this Division.
214 Annual statement and licence fee
A licensee must, on or before 1 July in each year:(a) forward to the Director-General a statement in a form approved by the Minister 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.
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.
216 Cancellation of licences—generally
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 hospital for the admission, care and treatment of patients.
217 Cancellation of licences—failure to show cause
(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) 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, the Director-General may cancel the licence.
(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, pursuant to an application:(a) may vary any term or condition to which a licence is subject, or(b) may refuse to grant the application.(3) If the Director-General varies any term or condition to which a licence is subject, the variation has effect according to its tenor.
219 Medical services in authorised hospitals
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 authorised hospital.
220 Appointment of medical superintendent
The holder of a licence must appoint a medical practitioner approved by the Director-General as medical superintendent of the authorised hospital.
221 Duties of medical superintendent
The medical superintendent of an authorised hospital 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 hospital.
222 Appointment of deputy medical superintendent
(1) The holder of a licence may appoint a medical practitioner as deputy medical superintendent of the authorised hospital.(2) The appointment of the medical practitioner must be approved by the Director-General before it takes effect.
223 Functions of deputy medical superintendent
The deputy medical superintendent of an authorised hospital has the functions of the medical superintendent of the hospital during the absence, for any cause whatever, of the medical superintendent or during a vacancy in the office of medical superintendent.
224 Offence where hospital no longer authorised
If, at any time after the expiration of 2 months from the date on which a licence ceases to be in force, there is in or on any premises in respect of which the licence was issued any person who was, immediately before the licence ceased to be in force, a patient, the person keeping those premises is guilty of an offence against this Act.Maximum penalty: 50 penalty units.
225 Certain private hospitals to be licensed
A person must not conduct a private hospital within the meaning of the Private Health Establishments Act 1982 at which a person is being treated primarily for a mental illness, unless the firstmentioned person is the holder, in addition to any licence required under that Act in respect of that private hospital, of a licence granted under this Division.Maximum penalty: 50 penalty units.
Part 2 Official visitors and other officers
226 Appointment of Principal official visitor
The Minister may, by instrument in writing, appoint a person, being a medical practitioner, Australian legal practitioner or other suitably qualified or interested person, to be the Principal official visitor.
227 Functions of Principal official visitor
The Principal official visitor:(a) must assist in the exercise by official visitors of the functions conferred or imposed on them by or under this Act, and(b) may, in relation to any hospital or health care agency, exercise any such function, and(c) must, in accordance with such directions as are given by the Minister, report to the Minister as to the exercise of the functions of the Principal official visitor and of official visitors.
228 Appointment of official visitors
(1) The Minister must, by instrument in writing, appoint official visitors for an area health service.(2) A person may be appointed as an official visitor if the person is a medical practitioner or is otherwise a suitably qualified or interested person.(3) At least one of the official visitors for an area health service must be a medical practitioner.(4) In this section:area health service means:
(a) an area health service constituted under the Health Services Act 1997, or(b) Justice Health, or(c) The Royal Alexandra Hospital for Children.
229 General provisions relating to the Principal official visitor and official visitors
Schedule 5 has effect with respect to the Principal official visitor and official visitors.
(1) Any 2 or more official visitors, one being a medical practitioner, must visit:(a) each hospital under the control of the area health service concerned, and each authorised hospital situated in the area of the area health service, at least once a month, and(b) each health care agency under the control of the area health service concerned, and each other health care agency situated in the area of the area health service, at least once every 6 months,with or without any previous notice, at such time of the day or night and for such length of time as they think fit.(2) The official visitors, when visiting the hospital or health care agency, as the case may be, must, so far as practicable, inspect every part of the hospital or health care agency at least once each visit and make such inquiries as they think necessary as to the care, treatment and control of informal patients and the patients or persons detained in the hospital or subject to a community counselling order or community treatment order and being treated by the health care agency.(3) The official visitors must:(a) examine and sign the registers, books, records and other documents produced to them in accordance with section 231, and(b) on each visit to the hospital or health care agency, as the case may be, enter in the official visitors book the fact of their visit with such observations as they think fit, and(c) in accordance with such arrangements as may be made with the Principal official visitor, report to the Principal official visitor as soon as practicable after each visit.
231 Access to be given to official visitors and other matters
(1) The medical superintendent of a hospital (other than an authorised hospital), the administrator of an authorised hospital or Director of the health care agency, as the case may be, must:(a) allow the official visitors to have access to and to inspect every part of the hospital or health care agency, as the case may be, and(b) permit the official visitors to see and to interview each informal patient at the hospital, each patient or person detained in the hospital or each affected person under a community counselling order or a community treatment order being treated by the health care agency, and(c) give full and true answers to the best of the medical superintendent’s, administrator’s or Director’s knowledge to all questions which the official visitors may ask in relation to the hospital or health care agency, the patients and other persons or affected persons, and(d) produce to the official visitors such registers, books, records, orders, certificates and other documents relating to the admission, care, treatment and control of the patients and other persons and the discharge of persons from the hospital as may be required by the official visitors, and(e) furnish all such returns relating to any matter referred to in paragraph (d) as may be required by the official visitors.(2) The administrator of an authorised hospital must, at the end of each month, report in writing to the medical superintendent as to the functions exercised under this section by the administrator during that month.
232 Other functions of official visitors
An official visitor has such other functions as are conferred or imposed on an official visitor by or under this Act.
Nothing in this Part prevents an official visitor from reporting to the Minister with respect to any matter arising from or relating to the exercise by the official visitor of the official visitor’s functions.
234 Request by patient or other person to see official visitor
(1) A patient or person detained in a hospital or an affected person under a community counselling order or a community treatment order being treated by a health care agency may notify the medical superintendent or Director of the health care agency, as the case requires, orally or in writing, that the patient or person desires to see an official visitor.(2) Within 2 days after the receipt of any such notification from a patient or person, the medical superintendent or Director must inform an official visitor of the patient’s or person’s desire to see an official visitor.
234A Official visitors not personally liable
A matter or thing done or omitted by an official visitor does not, if the matter or thing was done or omitted in good faith for the purpose of executing this Act, subject the official visitor personally to any action, liability, claim or demand.
235 Appointment of authorised officers
The Director-General may, by instrument in writing, appoint as authorised officers:(a) 1 or more officers employed within the Department of Health, and(b) 1 or more employees of a public health organisation within the meaning of the Health Services Act 1997.(c) (Repealed)
236 Functions of authorised officers
(1) An authorised officer has the functions conferred or imposed on authorised officers by or under this Act.(2) If the instrument of appointment of an authorised officer specifies the functions that may be exercised by the authorised officer, the authorised officer is not entitled to exercise any function conferred or imposed on authorised officers by or under this Act other than those specified by the instrument of appointment.(3) An authorised officer is, in exercising the functions of an authorised officer, subject to the control and direction of the Director-General.
237 Inspection etc of hospitals
(1) The Director-General must cause every hospital to be visited and inspected from time to time by authorised officers, with or without any previous notice and at such time of the day or night as the Director-General thinks fit.(2) An authorised officer:(a) may, at any time, make such inspections, investigations and inquiries as the authorised officer considers necessary, and(b) must make such inspections, investigations and inquiries as are directed by the Director-General,with respect to the care, treatment or control of patients or persons detained in a hospital or with respect to the management of a hospital.
238 Powers of authorised officer visiting hospital
(1) An authorised officer visiting a hospital may, by notice in writing, require a person to do any one or more of the following:(a) to furnish to the authorised officer such information as the authorised officer requires concerning any of the matters with respect to which an authorised officer is, by or under this Act, authorised to make inspections, investigations and inquiries,(b) to attend and give evidence before the authorised officer concerning any such matters,(c) to produce all books, documents or other records in the person’s custody or under the person’s control concerning any such matters.(2) An authorised officer may require evidence to be given on oath, and either orally or in writing, and for that purpose the authorised officer may administer an oath.(3) A person must not, without showing just cause:(a) refuse or neglect to comply with a requirement made under this section, or(b) fail to answer truly and fully a question put to the person by an authorised officer in the exercise by the authorised officer of the functions of an authorised officer.Maximum penalty: 50 penalty units.
239 Information may not be used to incriminate
Any information furnished or evidence given pursuant to a requirement made under section 238 is not, if the person furnishing the information or giving the evidence objected, at the time of furnishing the information or giving the evidence, to doing so on the ground that it may tend to incriminate the person or might be used in any proceedings against the person under this Act, admissible in any prosecution against the person for any offence (not being an offence for a breach of section 238) or admissible in any such proceedings.
240 Restriction on exercise of functions of certain authorised officers
(1) An authorised officer may not sign a certificate or recommendation for the admission of a person to, or for the further observation or treatment of a person in, a hospital.(2) Nothing in subsection (1) prevents a medical superintendent, or deputy medical superintendent, who is an authorised officer from signing any such certificate or recommendation, in the capacity of a medical superintendent or deputy medical superintendent, in relation to the admission to or the further observation or treatment of a person in the hospital of which the medical superintendent or deputy medical superintendent is the medical superintendent or deputy medical superintendent.(3) A medical superintendent, or deputy medical superintendent, who is an authorised officer may not exercise any function conferred or imposed on authorised officers by or under this Act at or in relation to the hospital of which he or she is the medical superintendent or deputy medical superintendent.
241 Prohibited interests of authorised officers
An authorised officer must not knowingly have a pecuniary interest, directly or indirectly, in an authorised hospital.Maximum penalty: 50 penalty units.
242 Appointment of welfare officers
The Director-General may appoint such persons as the Director-General thinks necessary to be welfare officers for the purposes of this Act.
243 Functions of welfare officers
(1) It is a function of a welfare officer to escort and convey or to assist in escorting and conveying to a hospital, on the direction of the medical superintendent, a temporary patient, continued treatment patient or forensic patient:(a) who has been granted leave of absence from a hospital, and(b) who has suffered a breakdown in mental health, and(c) whose return to the hospital is desirable on account of the breakdown.(2) Other functions of a welfare officer are:(a) to escort and convey or to assist in escorting and conveying patients from a hospital to another hospital or to a public hospital, and(b) to visit patients who have been granted leave of absence from a hospital, and(c) to visit the relations and friends of patients who have been granted leave of absence from a hospital for the purpose of advising them on matters relating to the welfare of those patients, and(d) such functions, including functions in relation to community health care, as are conferred or imposed on welfare officers by or under this Act or as are assigned to the welfare officer by an authorised officer or a medical superintendent.
Part 3 Patients funds and accounts
(1) The Director-General, in relation to each hospital other than an authorised hospital, and the medical superintendent of an authorised hospital must establish and maintain, in a bank, building society or credit union approved by the Treasurer:(a) a Patients Trust Fund, and(b) a Patients Amenities Account.(2) The Director-General, in relation to each hospital other than an authorised hospital, must establish and maintain, in a bank, building society or credit union approved by the Treasurer, an Interest Account.
(1) Money received by the responsible person from a patient for custody on behalf of the patient or from some other person for the benefit, use or enjoyment of a specified patient, is to be paid into the Patients Trust Fund.(2) The responsible person is to keep a separate current account in the Patients Trust Fund in respect of each patient.(3) Money standing to the credit of a patient’s account may be withdrawn by the patient for any purpose which, in the opinion of the responsible person, is for the benefit, use or enjoyment of the patient.
246 Withdrawals from patients’ accounts
(1) If, in the opinion of the responsible person, a patient is incapable, through infirmity arising from disease or age or other reason, of withdrawing and safeguarding money from the patient’s account, the responsible person may authorise the withdrawal of such sum from the patient’s account as the responsible person considers necessary for the purchase of goods and services for the benefit, use or enjoyment of the patient.(2) A certificate, signed by 2 persons employed on the staff of a hospital, to the effect that the goods or services represented by the sum withdrawn under this section have been received by the patient for the benefit, use or enjoyment of the patient is evidence that the patient has received those goods or services and that they are for the benefit, use or enjoyment of the patient.
247 Discharge or death of patient
After the discharge or death of a patient the management of whose estate has been committed to the Protective Commissioner, the responsible person must pay to the Protective Commissioner any money standing to the credit of the patient in the patient’s account.
248 Patients’ accounts to form one fund
(1) Subject to this Act, money standing to the credit of patients’ accounts in respect of public hospitals within the meaning of the Health Services Act 1997 are to constitute one fund.(2) The fund may be invested by the Director-General in accordance with and subject to the Trustee Act 1925 or in any other form of investment approved by the Treasurer.
249 Payments to and from Interest Account
(1) There is to be paid into the Interest Account:(a) income from the investment of the fund constituted under section 248, and(b) any capital gain made on the realisation of the investment.(2) There is to be paid out of the Interest Account:(a) any loss incurred on the realisation of the investment of the fund constituted under section 248, and(b) at such time or times as the Director-General may determine, such management fees of the Director-General as the Director-General may determine.
250 Distribution of Interest Account
The Director-General must, at least once a year, after making the payments referred to in section 249 (2), distribute the funds of the Interest Account by crediting those funds to each patient’s account proportionately according to:(a) the amount standing to the credit of the patient’s account during the period for which that amount was invested, and(b) the period for which that amount was so invested, being the period commencing on the date of investment or the date of the last preceding distribution, whichever is the later, and ending on the date of distribution.
251 Patients Amenities Account
(1) There is to be paid into the Patients Amenities Account:(a) such amounts as are received by the responsible person for the purpose of providing goods, services or amenities for the benefit, use or enjoyment of the patients of the hospital generally, and(b) such amounts, or amounts of such class or description of amounts, as may be prescribed.(2) There may be paid out of the Patients Amenities Account, for the purpose referred to in subsection (1) (a), such amounts as may be determined by the responsible person.