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Apply for a healthcare facility licence

Disclaimer
The content provided on this page is intended for use by health professionals. It is not tailored for the general public and should not be interpreted as personal medical advice. If you are not a healthcare professional and have concerns or questions regarding your health or a medical condition, we encourage you to consult your healthcare provider.

This page has information about applying for a healthcare facility licence, including how to vary or transfer your license.

Healthcare facilities in the ACT must be licensed under the Public Health Act 1997.

How to apply for a licence

There are 2 ways to apply:

Find out about healthcare facility licence fees.

Vary your licence

There are 2 ways to vary your licence:

Transfer ownership

There are 2 ways to transfer ownership of your facility.

What the transfer ownership application is used for

This application is used to transfer ownership of a Health Care Facility (HCF) licence (that is not under suspension) and must be submitted jointly by the current licence holder and the proposed new licensee. A transfer application is required when the facility or business undertaking the licenced activity is sold or transferred to another individual or company.

The application should include a clear date of the proposed transition of legal ownership of the business – and therefore responsibility for compliance with the Public Health Act 1997 (the Act). If approved, the Health Protection Service (HPS) will record this date on the updated HCF licence.

For example, when a facility is sold, the settlement date would be listed as the effective date of ownership change. If approved, the new owners may begin operating – and will assume responsibility for the requirements under the Health Care Facility Code of Practice - from this date.

Approval of a transfer is not guaranteed or automatic. The HPS must assess the suitability of the proposed new licensee in accordance with Section 37 of the Act, and additional information may be requested. The HPS may subsequently approve or reject the transfer. Therefore, it is recommended that parties confirm HPS approval prior to any formal legal transfer of ownership. The transfer of a licence will only take effect on the date of receipt by the new owner of the notice of decision by HPS, or on such later date as is specified in the notice.

Clinical records must be transferred to the new owner’s systems in line with the Health Records (Privacy and Access) Act 1997, and all associated requirements must be met.

Please note that there are additional regulatory requirements under the Radiation Protection Act 2006, and transfer processes differ.

What is a health facility

A healthcare facility is defined under the Public Health (Health Care Facility) Risk Declaration 2021 as a premises where:

  • certain public health risk procedures are performed
  • overnight inpatient services are provided under the care of a registered medical professional.

What isn't a healthcare facility

The following are not defined as a healthcare facility:

  • a residential care facility within the meaning of the Aged Care Act 1997 (Cwlth)
  • crisis accommodation
  • a veterinary clinic
  • a private residence
  • a patient transport service or any premises operated by, or on behalf of, the Commonwealth.

Public health risk procedures

These include:

  • administration of general, epidural, or major regional anaesthetic block (excluding mandibular blocks) or intravenous sedation
  • cardiac catheterisation
  • chemotherapy (cytotoxic infusion)
  • abdominoplasty (tummy tuck)
  • belt lipectomy
  • brachioplasty (armlift)
  • bicep implants, tricep implants, calf implants, deltoid implants, pectoral implants
  • breast augmentation or reduction
  • buttock augmentation, reduction or lift
  • facelift, other than a mini-lift, that does not involve the superficial musculoaponeurotic system (SMAS)
  • facial implants that involve inserting an implant on the bone, or surgical exposure to deep tissue
  • fat transfer that involves the transfer of more than 100 millilitres litres of lipoaspirate
  • labiaplasty
  • liposuction that involves the removal of more than 1000 millilitres of lipoaspirate
  • mastopexy or mastopexy augmentation
  • monsplasty
  • neck lift
  • penis augmentation
  • rhinoplasty
  • vaginoplasty
  • gastrointestinal endoscopy
  • renal dialysis (haemodialysis).

Code of practice

The minimum standards to operate a healthcare facility are set out in the Healthcare Facility Code of Practice 2021. The code is enforced under the Public Health Act.

It aims to protect the community from the public health risks of operating and managing healthcare facilities.

Participation in both of the following is required under the code of practice.

Building or modifying a healthcare facility

ACT Health doesn't provide advice on:

  • the design, construction or operation of a healthcare facility
  • the application of the National Safety and Quality Health Service Standards.

Under the code of practice, you should engage a qualified and experienced person to provide advice on addressing risks at your facility.

Contact the Environment, Planning and Sustainable Development Directorate and Access Canberra for information about planning and constructing buildings in the ACT.

Frequently asked questions

Read the Health Care Facility frequently asked questions for more information on facility licensing and requirements.

Contact the Health Protection Service

To contact the Health Protection Service:

  • visit the office between 9 am and 4.30 pm on weekdays
  • phone 02 5124 9700
  • email hps@act.gov.au
  • send mail to Locked Bag 5005, Weston Creek ACT 2611.