Health Services (Health Service Establishments) Regulations 2024
The Health Services (Health Service Establishments) Regulations 2013 (the 2013 Regulations) expired on 1 September 2024 and have been replaced with the Health Services (Health Service Establishments) Regulations (the 2024 Regulations).
Consultation
The Department of Health consulted stakeholders to inform development of the new 2024 Regulations by:
- releasing a discussion paper in August 2023, which received 45 responses
- releasing a regulatory impact statement (RIS) and proposed regulations in May 2024, which received 23 submissions.
The department has prepared a statement of reasons that summarises the feedback about the RIS and the proposed regulations, along with the Department’s response to this feedback. The statement of reasons and the RIS are available below.
You can view the Notice of Decision at the Victorian Public Notices .
New requirements under the 2024 Regulations
The 2024 Regulations largely maintain the regulatory controls of the 2013 Regulations, with some amendments for clarification or to modernise terminology. There are also new or amended requirements related to:
- clinical governance
- sentinel events
- admissions information and assessment
- recording, reviewing and providing information
- fees and infringements.
The majority of requirements in the 2024 Regulations take effect on 31 August. Some regulations have deferred commencement dates to allow time for the Department and the regulated sector to prepare for, and implement, the changes.
These changes and their commencement dates are summarised in the fact sheet Health Services (Health Service Establishments) Regulations 2024.
Determinations by the Secretary
Some provisions in the 2024 Regulations leave additional detail to be determined by the Secretary. These largely relate to the form, manner and timeframes for meeting compliance, including:
- reporting monthly patient admissions and emergency department presentations
- reporting data about infections and electroconvulsive treatment
- mobile services reporting
- reporting compliance with the duty of candour
- reporting and reviewing sentinel events.
Information about these requirements and determinations is available in Determinations by the Secretary and reporting requirements – Health Services (Health Service Establishments) Regulations 2024.
Phase 2 reforms
The RIS noted that some issues raised in the review of the 2013 Regulations were still under active consideration. These include elements of the Regulations that relate to workforce, definitions, and the scope of the registration scheme. Consultation on those complex issues is continuing, to ensure that further updates to the Regulations are designed to most effectively safeguard Victorians.
The department will be engaging with stakeholders to inform any proposals for further updates to the Regulations.
Reforms to health regulation in Victoria
Stakeholders may be aware that there are broader legislative reforms occurring to health regulation in Victoria. For information on the Health Legislation Amendment (Regulatory Reform) Act 2024, see Reforms to health regulation in Victoria.
Reviewed 19 November 2024