Hospitals and Health Services Act 1927

 

Section 35B of this Act seems to mean that an AOD facility does not need to be registered.

However, if it cares for three or more people who are "socially dependent because of mental illness", it is a private psychiatric hostel. In this case, the rules are similar to those of a private hospital. Comments:

• AOD clients are seldom, if ever, "socially dependent because of mental illness" as they can look after themselves and don't need to be treated like patients. This is the case even if they have occasional psychotic episodes.
• If there's any advantage, it's that It does allow the government to make grants and subsidies. (26.)

 

Quotes from the act follow:

35B. Minister, board or agency not required to be registered

Notwithstanding any written law requiring the registration of a person who provides a health service, the Minister, a board or an agency —

(a) may provide a health service even though the Minister, board or agency is not registered under that written law; and

(b) does not commit any offence by so providing.

Part IIIB — Private psychiatric hostels

26P.
In this Part —

mental illness has the same meaning as in the Mental Health Act 1996;

private psychiatric hostel means private premises in which 3 or more persons who —

(a) are socially dependent because of mental illness; and

(b) are not members of the family of the proprietor of the premises,
reside and are treated or cared for;

resident, in relation to a private psychiatric hostel, means a person —

(a) who is socially dependent because of mental illness; and

(b) who is residing and being cared for or treated in the hostel.

26Q. Provisions of Part IIIA apply to private psychiatric hostels
(1) Subject to this section, Part IIIA applies to and in relation to private psychiatric hostels as if references in that Part to a private hospital were references to a private psychiatric hostel.

(2) In its application under subsection (1) Part IIIA is modified as follows —

(a) section 26D(3)(a) is to be read as if it referred to “the maximum number of residents who may reside in a private psychiatric hostel at any one time and the kinds or classes of residents that may be cared for or treated at the private psychiatric hostel”;

(b) section 26DA does not apply;

(c) in section 26O(2)(d) the reference to “patient” is to be read as “resident”; and

(d) section 26O is to be read as authorising the making of regulations —

(i) prescribing, in relation to residents of private psychiatric hostels who are in receipt of pension payable under laws of the Commonwealth, the minimum proportion of pension that is to be paid or remitted to the resident for his or her own use; and

(ii) prescribing returns and other particulars to be furnished to the Chief Psychiatrist referred to in section 8 of the Mental Health Act 1996.