Regulations currently under review

Legal and Regulatory Services is responsible for developing new regulations within the health portfolio. In addition, all regulations are subject to staged repeal every five years under the Subordinate Legislation Act 1989. Legal and Regulatory Services also develops regulatory impact statements required in accordance with that Act.

Private Health Facilities Regulation

The Ministry of Health is seeking feedback on the Private Health Facilities Regulation and Regulatory Impact Statement (RIS).

The Private Health Facilities Act 2007 (the Act) and the Private Health Facilities Regulation 2017 (the Regulation) set out the requirements for licensing and the minimum standards for the provision of safe, appropriate and quality health care for patients in private health facilities in NSW.

The Act and the Regulation protect the health of NSW residents by requiring that certain medical procedures are only undertaken in appropriate private health facilities (or a public hospital).

The Regulation supports the purpose of the Act by:

• prescribing the requirements for private health facilities to meet minimum standards relating to
  the safety, care and quality of life of patients
• prescribing minimum qualifications for certain staff at a private health facility
• requiring private health facilities to display their licence in a prominent place in the entry foyer
  of the facility:
  • making provisions for, or with respect to
  • the particulars that are required to be entered in the register of patients
  • the type of incidents that are reportable
  • the membership of the facility’s medical advisory committee
  • permitting a member of an adverse event review (SAER) team1 to make information
    available to certain committees in connection with any research or investigation the
    committee is authorised to conduct
  • the disclosure of certain pecuniary interests
  • the provision of information to the Secretary of the Ministry of Health.

The NSW Ministry of Health (the Ministry) is proposing to remake the Regulation subject to a number of amendments. The proposed remake of the Regulation is set out in the Draft Private Health Facilities Regulation 2024 (Draft Regulation).

In addition, the RIS seeks feedback on whether additional changes are required in a number of areas.

The consultation period is open until 14 June 2024.

Submissions should be sent via email to NSWH-LegalMail@health.nsw.gov.au

Health Practitioner Regulation

The Ministry of Health is seeking feedback about remaking the Health Practitioner Regulation (NSW) Regulation 2016.

The Health Practitioner Regulation (NSW) Regulation 2016 is expected to be repealed on 1 September 2025 and the ministry is looking at remaking the regulation.

A significant aspect of the regulation relates to the composition of the 15 health professional councils established for the 16 health professions under the Health Practitioner Regulation National Law (NSW).

In anticipation of the regulation’s repeal and remake, the Ministry of Health is reviewing the composition of the councils to help ensure the councils operate as effectively and efficiently as possible.

This discussion paper looks at the current composition of the councils and raises some questions about whether the current composition is still appropriate.

NSW Health is seeking feedback about remaking the Health Practitioner Regulation 2016.

The consultation period is open until 28 June 2024.

Submissions should be sent via email to NSWH-LegalMail@health.nsw.gov.au