Private Health Facilities Regulation

The Ministry of Health is seeking feedback on the Private Health Facilities Regulation and Regulatory Impact Statement.
A doctor consulting with a patient
A doctor consulting with a patient

What’s this about?

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.

Have your say

Have your say 14 June 2024.

You can provide feedback in 2 ways.


28 March 2024 to 14 June 2024

Formal submission

28 March 2024 to 14 June 2024

Address: Legal and Regulatory Services NSW, Ministry of Health, Locked Bag 2030, St Leonards, NSW 1590.

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