Clause 8

An application for approval of every permanent premises, conveyance or other service delivery mode by which a licensable healthcare service is or is intended to be provided must —

be made to the Director‑General in the form and manner that the Director‑General may determine; and

be accompanied by an application fee (if prescribed).(2) An application for approval mentioned in subsection (1) must state all of the following:

every service delivery mode by which the person applying for approval intends to provide or continue to provide the licensable healthcare service;

whether the person applying for approval is a licensee or an applicant for a licence;

if any permanent premises are to be used or continue to be used to provide the licensable healthcare service, the address of those premises;

if any conveyance is to be used or continue to be used to provide the licensable healthcare service, the registration number and other particulars, and the name and particulars of the owner, of the conveyance;

other particulars or information (if prescribed);

any other additional information that the Director‑General requires to decide on the application in the particular case.(3) The Director‑General may carry out any inquiries and investigations in relation to the application that are necessary for a proper consideration of the application, including inspections of —

the permanent premises at which the licensable healthcare service is provided or intended to be provided;

the conveyance used or intended to be used in connection with the licensable healthcare service; and

any premises, facilities, equipment or device used or intended to be used in connection with the service delivery mode that is the subject of the application.(4) The Director‑General may refuse to consider an application —

that is incomplete or not made in accordance with this section; or

where an inquiry or investigation mentioned in subsection (3) in relation to the application is refused by the applicant.Grant of approval for permanent premises, conveyance or other service delivery mode11B.—

After considering any application under section 11A, the Director‑General may, subject to subsection (4) —

on payment of an approval fee (if prescribed), grant the approval; or

refuse to grant the approval.(2) In determining whether an applicant should be granted an approval for any permanent premises, conveyance or other service delivery mode by which a licensable healthcare service is or is intended to be provided, the Director‑General is to have regard, and give such weight as the Director‑General considers appropriate, to all of the following matters:

for the approval of any permanent premises or conveyance — the suitability of the permanent premises or conveyance (including the facilities and equipment in the permanent premises or conveyance), and of every process or protocol, used or intended to be used for the provision of the licensable healthcare service in the permanent premises or conveyance;

for the approval of any other service delivery mode — the suitability of any premises (including the facilities and equipment in the premises), and of every process or protocol, used or intended to be used in connection with the provision of the licensable healthcare service by that service delivery mode;

whether there is any other relevant matter that makes it contrary to the public interest to grant the approval.(3) In granting an approval under this section, the Director‑General may impose conditions as the Director‑General considers requisite or expedient having regard to the purposes of this Act.(4) An approval under this section must not be granted to any person who is not a licensee.(5) The Director‑General must, upon granting an approval under this section, amend the licence concerned to state the permanent premises, conveyance or other service delivery mode that is approved.(6) An approval under this section of any permanent premises, conveyance or other service delivery mode does not entitle a licensee to provide a licensable healthcare service, or a specified service that is part of the licensable healthcare service, at those permanent premises, using that conveyance or by that other service delivery mode if doing so is prohibited under regulations made under section 57.Application for approval of specified service11C.—

An application for approval to provide a specified service for a licensable healthcare service must —

be made to the Director‑General in the form and manner that the Director‑General may determine; and

be accompanied by an application fee (if prescribed).(2) An application for approval mentioned in subsection (1) must state all of the following:

the specified service that the person intends to provide or continue to provide for the licensable healthcare service;

every permanent premises, conveyance and service delivery mode by which the person intends to provide or continue to provide the specified service;

whether the person applying for approval is a licensee or an applicant for a licence;

other particulars or information (if prescribed);

any other additional information that the Director‑General requires to decide on the application in the particular case.(3) The Director‑General may carry out any inquiries and investigations in relation to the application that are necessary for a proper consideration of the application, including inspections of any premises, conveyance, facilities, equipment or device used or to be used in connection with the specified service that is the subject of the application.(4) The Director‑General may refuse to consider an application —

that is incomplete or not made in accordance with this section; or

where an inquiry or investigation mentioned in subsection (3) in relation to the application is refused by the applicant.Grant of approval for specified services11D.—

After considering any application under section 11C, the Director‑General may, subject to subsection (4) —

on payment of an approval fee (if prescribed), grant the approval; or

refuse to grant the approval.(2) In determining whether an applicant should be granted an approval for the provision of a specified service, the Director‑General is to have regard, and give such weight as the Director‑General considers appropriate, to all of the following matters:

whether the applicant is and, where necessary, the following persons are suitable persons to provide or be involved (as the case may be) in providing the specified service to which the application relates:

any key appointment holder of the applicant;

any person having a substantial interest in, or control of or direction over, the applicant’s business;

any person having control of or direction over the applicant’s operations in relation to the provision of the specified service;

the likelihood of the applicant providing the specified service to which the application relates in compliance with —

the requirements of this Act and any code of practice relating to that specified service;

any other written law applicable to the applicant relating to the provision of the specified service in a safe and proper manner; and

the rules of any public scheme established by or under any written law —

relating to the provision of the specified service; and

under which the applicant is accredited or of which the applicant is a participant;

the applicant’s ability to provide the specified service to all of the applicant’s patients or customers in a manner that is clinically and ethically appropriate;

whether there is any other relevant matter that makes it contrary to the public interest to grant the approval.(3) In granting an approval under this section, the Director‑General may impose conditions as the Director‑General considers requisite or expedient having regard to the purposes of this Act.(4) An approval for the provision of a specified service must not be granted to any person who is not a licensee for the licensable healthcare service that the specified service is part of.(5) The Director‑General must, upon granting an approval under this section, amend the licence concerned to state the specified service in respect of which the approval is granted.Validity of approvals under sections 11B and 11D11E.—

Every approval granted under section 11B or 11D in relation to a licence is to continue in force for such period as may be specified in the approval unless it —

is earlier cancelled or suspended under section 20(3A); (b)earlier lapses because the person to whom the approval was granted ceases to hold the licence; or

earlier lapses because the person to whom the approval was granted —

stops providing the licensable healthcare service at the approved permanent premises, using the approved conveyance or by the service delivery mode that was approved; or

stops providing the approved specified service,and the Director‑General has approved the person’s application under section 15(1)(a) or (b) to amend the licence in relation to the permanent premises, conveyance, service delivery mode or specified service concerned, as the case may be.(2) An approval granted under section 11B or 11D cannot be transferred or assigned to another person.”.