South Australian Numbered Acts

HEALTH CARE ACT 2008 (NO 3 OF 2008) - SECT 81

81—Grant of licence

        (1)         Subject to this section, if application is made under this Part for a licence in respect of premises or proposed premises, the Minister must determine whether a licence should be granted or refused and, if granted, what conditions should be imposed, having regard to—

            (a)         the suitability of the applicant to be granted the licence; and

            (b)         the standards of construction, facilities and equipment of the premises or proposed premises; and

            (c)         the scope and quality of the health services to be provided in pursuance of the licence; and

            (d)         the location of the premises or proposed premises and their proximity to other facilities for the provision of health services; and

            (e)         the adequacy of existing facilities for the provision of health services to persons in the locality; and

            (f)         any proposals for the provision of health services to persons in the locality through the establishment of new facilities or the expansion of existing facilities; and

            (g)         whether the prescribed limit of hospital beds for the State, or for the particular region in which the premises or proposed premises are or will be situated, has already been reached or exceeded; and

            (h)         any other relevant matter.

        (2)         The Minister has full power, if the prescribed limit of hospital beds for the State or the particular region in which the proposed hospital is to be situated has been reached or exceeded—

            (a)         to refuse absolutely to grant a licence; or

            (b)         to refuse to grant a licence unless the number of existing hospital beds in the State or the particular region is to be reduced by a number that corresponds to the maximum number of hospital beds sought to be provided pursuant to the licence or a specified lesser number.

        (3)         If the Minister determines under this section that the licence should be granted and, in the case of an application in respect of proposed premises, subsequently is satisfied that the premises have been established substantially in accordance with proposals approved by the Minister, the Minister will, on payment of a fee fixed by the Minister, grant the licence to the applicant.