Introduction

Private hospitals and day procedure centres in NSW must be licensed and meet the standards set out in Schedule 1 and Schedule 2 of the Private Health Facilities Regulation 2010.

You can only lodge an application for a licence after you've received the NSW Ministry of Health's approval for the plans and specifications of the facility.

Once your application has been received and assessed, an Approval in Principle will be issued. This Approval is valid for 12 months (under certain conditions an extension can be requested).

A final inspection is then carried out to ensure the facility has been built in accordance with the approved plans, and that it complies with the conditions of the Approval in Principle and all relevant legislation. Building, fire and other related certification will be required during the inspection.

The issued licence will specify the private health facility's classes and services.

What you'll need

  • an Application for a licence for a private health facility – PDF form
  • details of the applicant and contact person
  • facility's name and address
  • patient group to be catered for (such as overnight stay)
  • classes of treatment provided
  • number of procedure rooms
  • number and size of wards
  • full company extract from ASIC (if applicable)
  • copy of the certificate of incorporation(if applicable)
  • copy of the Act incorporating the church or organisation(if applicable)
  • Statutory Declaration – PDF
  • Fitness and Probity Check – PDF
  • National Police Certificate (NPC)
  • ASIC certificate of registered business name
  • details of the Medicare Benefits Schedule (MBS) item numbers and description for each class of licence sought
  • details of the proposed rehabilitation and mental health programs (if applicable)
  • signed letter from a registered specialist anaesthetist stating the level and type of anaesthetic to be used (if applicable)
  • business case detailing why there is a need for the private health facility services in the proposed location, including:
    • details of the clinical specialties, type and level of service to be provided
    • current availability of these services in the public and private sector within the estimated catchment area
    • the likely demand for the proposed services in the catchment area or target population
    • projected demographic and other factors that may affect demand for the proposed services
  • copy of the lease (if applicable)
  • evidence of ownership (if applicable)
  • copy of the current development application or approval, or certification from an authorised certifier, for the use of the premises as a Building Code of Australia (BCA) Class 9(a) health care building
  • development application or certification for use of the premises as a BCA Class 5 building (if applicable)
  • 2 copies of the architectural plans, drawn to a scale of 1:100 showing the dimensions of each part of the facility, fittings and furnishings.

How to apply

  1. Complete and sign the Application for a licence for a private health facility – PDF
  2. Gather all the required documentation.
  3. Make your payment online at the NSW Ministry of Health payment portal.
  4. Email phcmb@doh.health.nsw.gov.au with the completed application form, the required documents and a copy of the payment receipt. 

Who's eligible?

An individual or company wishing to operate a private health facility, who has requested and received approval from the NSW Ministry of Health for the building/s plans and specifications.

Things to keep in mind...

  • Submissions and architectural plans will be assessed against the Australasian Health Facility Guidelines (HFG)
  • The approval process will take about 4 months from the date the NSW Ministry of Health receives the completed application. This doesn't include the time taken to build the facility.
  • Time frames – PDF
  • Circumstances that 'stop the clock' – PDF
  • Private health facilities must provide for the accommodation of patients who are:
    • admitted for more than 24 hours, or
    • not discharged on the same day that they are admitted, but are admitted for not more than 24 hours, or
    • admitted and discharged on the same day.
  • Facilities can be licensed for more than one class of health service, including:
    • anaesthesia​
    • cardiac catheterisation​
    • cardiac surgery​
    • chemotherapy​
    • emergency​
    • gastrointestinal endoscopy​
    • intensive care​
    • interventional neuroradiology​
    • maternity
    • medical
    • mental health​​
    • neonatal​
    • paediatric​
    • radiotherapy
    • rapid opioid detoxification​
    • rehabilitation
    • renal dia​lysis​​
    • surgical​​
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