Department of Health

Legislation updates for private health service establishments

Sunset review of the Health Services (Health Service Establishments) Regulations 2013

Discussion paper submissions have now closed. Details of further consultation opportunities will be published and circulated shortly.

The current Regulations will expire on 1 September 2024 unless replaced with a new set of Regulations. (They were previously scheduled to expire on 3 September 2023 but were extended to allow more time for review and consultation). To inform the review of the Regulations, the department prepared a discussion paper to seek stakeholder feedback. The paper explored whether the Regulations remain fit for purpose and sought suggestions on how they might be improved.

Feedback was invited on the topics and options discussed in the paper.

Stakeholder and community views were important and welcomed.

Other consultation activities to inform the review will include:

  • Information sessions on the discussion paper and review/consultation process
  • Consultation forums targeted to specific stakeholder groups, and/or focussed on specific issues arising in the review
  • Publication of proposed (updated) Regulations and a Regulatory Impact Statement, seeking further feedback

Commencement of the Health Services (Health Service Establishments) Regulations 2013

The Health Services (Health Service Establishments) Regulations 2013 (the Regulations) came into operation on 1 July 2018. These replace the Health Services (Private Hospitals and Day Procedure Centres) Regulations 2013.

One significant change is the inclusion of anaesthesia in the Regulations. From 1 July 2018 anaesthesia (general anaesthesia, major regional blocks, intravenous sedation and local anaesthesia with potential to cause systemic toxicity) may only be provided in a registered hospital or day procedure centre. Dental practices must use the services of a registered mobile anaesthetic or dental sedation service if they are providing anaesthesia or intravenous sedation.

Any facility providing liposuction services, including existing facilities, must now be registered with the department. The only exception to the requirement is where the removal of a total of less than 200ml of lipoaspirate under low dose local anaesthetic occurs. This procedure can be undertaken in unregistered rooms.

Facilities providing alcohol and drug withdrawal, including existing facilities, are also required to be registered with the department. Typically, this involves the first 7 days of treatment although it may be longer. Facilities offering the rehabilitation phase of alcohol and drug recovery only are not within the scope of the regulations and do not require registration.

Reviewed 26 October 2023


Contact details

Postal address: GPO Box 4541, Melbourne 3001

Private Hospitals Unit Department of Health

Was this page helpful?