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Private health regulation information for health service establishments

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The Health Services Establishments Act 2006 (the HSE Act) regulates private Health Service Establishments (HSEs) through a licensing regime. Under the HSE Act, these establishments may be:

  • private hospitals
  • day procedure centres
  • residential aged care services
  • any other private facility that we require to be licensed in public safety and service quality interest.

Regulatory overview

As the operator of a private health facility in Tasmania, you will be required to comply with a large body of legislation, standards and guidelines. The HSE Act and Regulations specify certain standards which must be met for licensed facilities, such as:

  • achieving accreditation
  • credentialing staff
  • safety and quality standards
  • operational procedures
  • medication management
  • infection control
  • incident reporting
  • fire and environmental safety
  • record-keeping
  • equipment maintenance (for example, compliance with building code requirements).

It is crucial that you are aware of the standards that must be met by your facility to continue licensed operation.

  • Licensing requirements are outlined throughout the HSE Act and Regulations.
  • The schedules to the Regulations also apply additional standards for specific classes of facility, and specific types of procedures.
  • The HSE Act and Regulations also refer to other industry standards and legislative sources you must be aware of to ensure compliance.
  • Additional legislation may also apply to your facility, depending on the nature of your services (for example, using lasers for diagnostic or therapeutic use requires a licence under the Radiation Protection Act 2005).

It is recommended that you seek independent legal advice about your obligations under state and federal legislation, and the various clinical guidelines and standards applicable to your facility.

New Licenses – applications

Do I need to be licensed?

The need for a licence is based on the type of procedures performed at your facility.

The HSE Act refers to Type A, B and C Procedures. These procedures are defined by the HSE Act as:

Procedure Definition under the HSE Act Requirement under section 5 of the HSE Act
Type A A procedure involving professional attention normally requiring admitted overnight hospital stay Premises undertaking type A procedures are required to be licensed as a Private Hospital
Type B A procedure involving professional attention normally requiring admitted hospital treatment that does not include part of an overnight stay Premises undertaking type B procedures are required to be licensed as a Day Procedure Centre (whether or not type C procedures are also undertaken at those premises)
Type C A procedure involving professional attention that does not normally require admitted hospital treatment. Premises undertaking type C procedures are not required to be licensed, unless the Secretary decides that those premises should be licensed, having regard to considerations of public safety and service quality.

Premises not undertaking any of these types of procedures (A, B or C) are not required to be licensed, unless the Secretary decides that those premises should be licensed, in consideration of public safety.

Co-location of private hospitals and day procedure centres

A day procedure centre is not required to be licensed if it is conducted in the same premises as a licensed private hospital, and by the same person who conducts that private hospital.

Residential care facilities

  • A residential care service is required to be licensed unless the services are provided only to funded (public) residents, or (in cases where the services are provided to both funded and un-funded residents) the Secretary provides a written exemption, having been satisfied that the same standards of care will be provided to all residents of the service.
  • No residential care facilities in Tasmania currently require licensing under the HSE Act, as they receive Commonwealth funding.
  • For further information, please email: [email protected]

Where to get more information

Health Service Establishments Act 2006

Existing licences – compliance

What parts of the HSE Act and Regulations apply to my facility?

  • HSEs are licensed under the HSE Act as private hospitals, day procedure centres or residential care facilities – depending on the types of procedures performed.
  • This detail will be specified on your licence. For further information on how you are classified as a private hospital or day procedure centre, please refer to the Do I need to be licensed? section of our page above.
  • There are general requirements contained in the HSE Act and Regulations that apply to all licensed facilities. These include, but are not limited to, reporting, accreditation, disclosure of pecuniary interests to patients, and the function of the Medical Advisory Committee.
  • In addition to these general requirements, HSE Regulations specify separate 'classes' of private hospitals and day procedure centres, and prescribe licensing standards depending on the class type, and any special procedures that the facility is licensed to perform, as shown below:
  • OR
  • AND: any specific licence conditions, listed on your licence schedule.
  • It is your responsibility to ensure that you are compliant with these requirements.
  • It is recommended that you seek independent legal advice about your obligations under state and federal legislation, and the various clinical guidelines and standards applicable to your facility.

Where to get more information

Existing licenses – renewal

  • Your licence is subject to ongoing compliance with relevant legislation and conditions.
  • It is also subject to annual renewal by 31 December each calendar year.
  • In late November/early December you will be sent a reminder letter in relation to your licence renewal.
  • You will be provided with an invoice for the relevant fee and be requested to provide certain information to the Secretary. This information will include the items listed below.
  • For information about fees, please refer to the licensing fees section of our page below.

How do I renew my licence?

By 31 December each year:

  1. Pay the relevant renewal fee (facilities will be invoiced in late November/early December).
  2. Provide a copy of the most recent Annual Report published in relation to the facility.
  3. Provide a copy of the current Authority to Practice for the Director of Nursing.

Please note that failure to undergo the renewal process will result in the cancellation of your licence.

What to do if you don’t want to renew your licence

  • Will not be authorised to operate without a current licence.
  • If you are intending to cease operation, you may request the cancellation of your licence in writing.
  • For more information, visit our cancellation of a licence page. 

Where to get more information

Existing licences – changes

Alterations and extensions of licensed facilities

  • If you plan to alter or extend your facility or services, please email our Regulation, Licensing and Accreditation Unit: [email protected]
  • If an alteration to or extension of your licensed establishment is made without the prior 'in principle' approval of the Secretary, we may cancel your licence, under s30 of the HSE Act.

Applications

To apply for approval for an alteration to or extension of your facility:

  1. Email your application to [email protected], providing as much detail as possible about the proposed changes.
  2. Pay the licence application fee when invoiced.
  • Your application must be made at least 14 days before an application for a permit under the Land Use Planning and Approvals Act 1993 or a Certificate of Likely Compliance under the Building Act 2000 (as appropriate) is made.
  • Failure to comply with the above will result in delays in your application.
  • Submit your completed forms by post to: The Secretary, Department of Health (Tasmania), c/o: Regulation, Licensing and Accreditation Unit, GPO Box 125, Hobart TAS 7001
  • You will be invoiced for the application fee on receipt of your application.
  • Your application will not be processed until full payment of the application fee has been received.

Late applications

  • The Secretary may consider late applications (applications where work has commenced without the prior 'in principle' approval of the Secretary) upon request.

Assessment of application

  • On receipt of your application, the Regulation Unit review it and ensure all checklist items are included.  
  • Failure to include all items will delay the application process.
  • If your application is incomplete, it will be returned to you.
  • Details of who to contact for further information will be provided on return of your application.
  • If your application is complete, a letter will be sent to you, acknowledging receipt.
  • The application will be forwarded to the Secretary for consideration.

The Secretary will seek advice from the Health Services Establishment Advisory Committee, which will provide advice considering:

  • any relevant hospital services planning guidelines
  • the critical mass of patients required to comply with clinical practice recognised throughout Australia, and with any guidelines as to the provision of services
  • any similar matter that the Advisory Committee considers to be supported by expert opinion
  • the current availability of services in the local area
  • the suitability of the applicant to provide such services.

How long does the process take?

  • From date of receipt of the application for alteration/extension the 'approval in principle' process will take up to six weeks, provided there are no complications and/or no further information is required.
  • You can assist us in making a timely decision by ensuring you have provided all necessary information and make prompt payment of the application fee.
  • Failure to do so will result in delays in the processing of your application.

Approval or refusal of alteration or extension

'Approval In Principle'

Upon receipt of your application, the Secretary may approve the application 'In Principle' and, if necessary, amend your existing licence to reflect any construction work that is to be undertaken. This will enable you to proceed with the necessary applications under the Land Use Planning and Approvals Act 1993 or the Building Act 2000 as appropriate, and construction work to commence.

Before final approval is granted

On completion of the building work, you are required to provide the Secretary with a copy of the Certificate of Completion (issued under s112 of the Building Act 2000) within 14 days of receipt of this document. If the alteration/extension substantially complies with your application, the Secretary will then endorse your licence and, if necessary, amend the licence to reflect any changes made by the alteration/extension.

Refusal

If the Secretary refuses the application, a notice will be provided outlining the grounds on which the Secretary has refused the application. If you are unhappy with the decision made by the Secretary, you may appeal to the Magistrates Court (Administrative Appeals Division), in accordance with the Magistrates Court (Administrative Appeals Division) Act 2001.

Where to get more information

Licensing fees

  • We charge application fees for licensing, which are payable at the time of any new application, and annual renewal fees to cover ongoing administrative costs.
  • Renewal fees are due by 31 December each year and relate to the following calendar year.
  • The appropriate fee units are prescribed by the HSE Regulations.
  • Fees are calculated using the following formula: Prescribed Fee Unit x Current Fee Unit Value = Applicable Fee
  • The current value of a fee unit is governed by the Fee Units Act 1997, and is updated by the Tasmanian Department of Treasury and Finance for each financial year. The current value is available on the Tasmanian Department of Treasury and Finance website.
  • Fee unit calculations are also published in the Tasmanian Government Gazette. Contact the DoH Regulation, Licensing and Accreditation Unit on the current fees.
  • For new applications, please ensure you calculate the appropriate fee using the number of fee units that applies to your application, and the most current fee unit value.
  • Please note that if you do not pay the annual licence fee applicable to your facility by the due date, the Secretary may cancel your licence under s30 of the HSE Act.

Where to get more information

Health Service Establishments Advisory Committee (HSEAC)

The HSE Act provides for a statutory Health Service Establishments Advisory Committee (HSEAC). The role of the HSEAC is to provide advice to the Secretary in relation to licence applications for new, altered or expanded facilities, considering:

  • any relevant hospital services planning guidelines
  • the critical mass of patients required to comply with clinical practice recognised throughout Australia, and with any guidelines as to the provision of services
  • any similar matter that the Advisory Committee considers to be supported by expert opinion
  • the current availability of services in the local area
  • the suitability of the applicant to provide such services.

Where to get more information

Health Service Establishments Act 2006

Licensing forms

Form No

Form Title

Guide

Licence application fact sheet

Form 1

To make a licence application please contact the Regulation, Licensing and Accreditation Unit on 03 6166 3856 or [email protected] for an introductory meeting.

Form 1A

Directors statutory declaration

Form 1B

Licensee conviction check consent

Form 2

Clinical governance requirements

Form 3

New therapeutic intervention or medical device request

Form 2A

Infection prevention and control requirements

Form 2B

Medical advisory committee generic terms of reference

Form 18

Injuries, transfers, deaths and other sentinel events

Please email: [email protected] if you require any of the following forms.

  • Application for Transfer of Licence for a Private Hospital or Day Procedure Centre
  • Application for Approval to Alter or Extend a Private Hospital or Day Procedure Centre

Advisories

You can download the following advisories:

2022

2021

2020

2019

Fact sheets

You can download the following fact sheets:

License application processes

You can download the following licence application process flow charts:

More information

HSE licensing enquiries

For more information or enquiries about HSE licensing (including hard copies of application forms and fact sheets), please contact our Regulation, Licensing and Accreditation Unit.

  • Phone: (03) 6166 3856
  • Post: Regulation, Licensing and Accreditation Unit, Department of Health (Tasmania), GPO Box 125, Hobart TAS 7001
  • Email: [email protected]

Finance enquiries

For information in relation to payment of invoices for HSE licensing fees, please contact our Finance Department.

Feedback

If you would like to provide feedback, please email [email protected]

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