NSW Health is the regulatory authority for privately owned and operated private health facilities across the state. The Private Health Care Unit has responsibility on behalf of the Director-General for regulating private health facilities and enforcing licensing standards under the:
Following significant consultation and public display, the Private Health Facilities Act 2007 and the Private Health Facilities Regulation 2010 commenced on 1 March 2010 making a number of improvements in licensing for safer care of patients and setting out the licensing standards for 18 classes of facilities in addition to the general licensing standards.
The legislation exists to ensure that health services provided to the community by the private health sector are safe, appropriate and effective. The legislation sets out the requirements for licensing and the minimum standards of care and safety for admitted patients.
From 1 September 2010 all licensed private health facilities must have complied with the Private Health Facilities Act 2007 and the licensing standards in the Private Health Facilities Regulation 2010.
There are 4 new classes not previously required to be licensed in NSW: Anaesthesia class; Interventional Neuroradiology class; Radiotherapy class and Rapid Opioid Detoxification class. Other classes have changed significantly, including the Gastrointestinal Endoscopy class.
The Regulation now provides for licensing of all gastrointestinal endoscopy from 1 March 2010. Gastrointestinal endoscopy is defined as “the use of a flexible endoscope with an internal lumen for the passage of an instrument to examine the upper or lower gastrointestinal tract”, with premises required to be licensed irrespective of the type of sedation being administered to patients.
Clinicians should familiarise themselves with the new legislation and review their practice in light of the changed legislation to determine whether their premises are appropriately licensed. Further information and assistance can be found at this website or by contacting
Private Health Care Unit:
Telephone: +61 2 02 9424 5955
Fax: +61 2 9424 5960
Locked Mail Bag 961 North Sydney NSW 2059