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.
The following timeframes apply for routine alterations and private health facility constructions. Major multi-phased constructions or projects with unique requirements, including remote locations, will require preliminary discussions to review and plan the applicable timelines. 1-2 weeks after an application is submitted and checked for completeness: an acknowledgement email.
Please refer to the processing of licences page for further details regarding these timeframes.
Applications and architectural plans are assessed against requirements in the Australasian Health Facilities Guidelines, the construction standards gazetted by the Minister. The following will also be considered:
SA Health will perform a site inspection to ensure the private health facility was built or altered in accordance with the approved design plans and complies with relevant legislation. Applicants need to contact SA Health at least four weeks in advance of the proposed completion date to ensure inspectors are available.
A site inspection should not be scheduled until all building works are finished and all furniture, fixtures and equipment are in place. Final commissioning/certification results must be available for services, plant and equipment, e.g. air and water sampling, electrical, medical gases, nurse call, duress alarm, fire systems and emergency resuscitation procedures. It is the responsibility of the applicant to anticipate four weeks’ notice of the completion date, for a site inspection, and timeframe for assessing commissioning results, so that ‘approval to use premises’ is received from the Minister’s delegate before the site is used.
After the site inspection, applicants will receive written findings indicating if there are any remedial actions required before ‘approval to use premises’ is granted, or if there are actions which are required to meet the Australasian Health Facilities Guidelines, but are suitable to be completed after the site is approved for use.
The site can only become operational once approval has been formally provided by the Minister’s delegate. Using premises without approval is a breach of the Health Care Act 2008 and penalties can be applied.
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