Health Business Registration in Victoria: Applying, Approval and Review Rights

Caroline Skeoch

Principal LawyerAitken PartnersView Profile

Kaylee Smith

Law GraduateAitken PartnersView Profile

Thinking about registering premises under the Public Health and Wellbeing Act 2008 (Vic) (the Act)? The process involves more than simply lodging an application.

The Act sets out specific requirements that certain premises and businesses must comply with before they can operate.

Businesses that provide beauty therapy, cosmetic procedures, colonic irrigation, hairdressing, skin penetration or tattooing services must be registered under the Act. Registration helps minimise the risk of clients contracting infectious diseases. The Public Health and Wellbeing Regulations 2019 (the Regulations) also establish requirements aimed at infection control and consumer protection.

Importantly, it is an offence to operate a health business without a current certificate of registration under the Act.

When do you need to apply?

If you want to open a new business, or change the use of existing premises to activities covered by the Act and the Regulations, you must apply for registration before you start operating.

Local municipal councils assess applications under the Act and decide whether registration should be granted.

What does the application process involve?

The registration process is usually straightforward, provided the application is complete and the premises meet the relevant requirements.

The general guidelines and requirements include:

The guidelines are intended to help business operators understand and comply with their obligations under the Act and the Regulations. In general, premises should be designed and maintained so that:

• there are separate areas for procedures, staff facilities, and cleaning or sterilising equipment;
• cleaning and sterilising areas support a safe workflow between dirty, clean and sterile items;
• dedicated equipment-cleaning sinks are available, with hot and cold running water, and are separate from hand-wash basins;
• where reusable instruments are used, the premises include an appropriate sterilisation and processing area;
• where only single-use sterile equipment is used, a full reprocessing area may not be required;
• hand-washing facilities are permanent, designated for hand washing only, supplied with warm running drinking water, and equipped with liquid soap and paper towel;
• adequate waste disposal is available, including for wastewater, sharps and clinical waste; and
• procedure areas provide appropriate privacy and are protected from environmental contamination, such as dust or respiratory droplets.

An applicant seeking health business registration applies under section 71 of the Act.

Applications are submitted to the relevant local council’s public health team.

If further information is needed, a member of the council’s public health team may contact you with questions about your application. An onsite inspection will usually follow.

Once the onsite inspection has been completed and the application reviewed, a council delegate will decide whether to approve the application.

If the application satisfies the requirements of the Act and the Regulations, council will issue the business with a registration form. The form must be completed and submitted to council with the prescribed fee before the premises, or any relevant alterations, open to the public. Once registration is processed, the business will receive a certificate of registration and may operate under its health business registration.

What happens if council refuses the application?

If council refuses the application, it should provide its decision in writing. The written decision should explain the reasons for refusal and outline the next steps available to the business.

The grounds for refusal are set out in section 76 of the Act and may include the following:

Section 76

(2) The grounds are—

(a) the applicant, registration holder, prescribed accommodation or the premises do not meet or comply with any requirement of this Act or the regulations that is applicable;

S. 76(2)(ab)

(ab) if the application relates to registration of a rooming house, the applicant, registration holder, prescribed accommodation or the premises do not meet or comply with any applicable regulations made under Division 8 of Part 3 of the Residential Tenancies Act 1997 ;

S. 76(2)(ac)

(ac) in the case of prescribed accommodation that is registered as lower risk prescribed accommodation, if that accommodation is no longer lower risk prescribed accommodation;

(b) the registration holder has failed to comply with any condition to which the registration is subject;

(c) the applicant has ceased to provide prescribed accommodation or conduct the business in respect of which registration is required;

(d) there is a risk to the health of persons if the registration is not cancelled or suspended or is issued, transferred or renewed;

(e) any other ground which is prescribed for the purposes of this section.

The Regulations may also be relevant. For example, if regulation 29 is cited, this may indicate that the premises are not considered capable of being kept in a clean, sanitary and hygienic condition, as required by the Regulations and the Act.

Council must then ratify the refusal decision at a council meeting. At that meeting, councilors will decide whether to ratify or reject the council delegate’s decision. If council ratifies the refusal under section 77 of the Act, the business then has a reviewable decision.

Section 77 provides:

Despite section 11 of the Local Government Act 2020 , the exercise by a delegate of a Council's power to refuse an application under this Division is valid only if the Council later ratifies that refusal.

Once council has ratified the refusal, the business may seek an internal review of the decision under section 205 of the Act. The application for internal review must be lodged to council within 28 days of the date the business is notified that council has ratified the refusal.

Under section 205 of the Act, council may:

• affirm, vary or revoke the decision; and

• if council revokes the decision, make any other decision it considers appropriate.

If the internal review confirms council’s refusal, the business may then apply to VCAT for review under section 207 of the Act.

It is important that each step required under the Act is followed. If the proper process has not been completed, the business may not be able to seek review at VCAT. Any VCAT review application must be lodged within 28 days of notification of the internal review decision.

As the process shows, applying for health business registration and challenging a refusal, if necessary, can involve strict requirements and tight timeframes. Our Team at Aitken Partners are experienced with dealing with such regulatory matters, and if you are considering applying for registration under the Public Health and Wellbeing Act 2008 (Vic), or need advice about a refusal decision, we can help you understand your options and move through the process as efficiently as possible.

Written by Caroline Skeoch and Kaylee Smith. BOOK A CONSULT. If you would like to discuss health business registration requirements, regulatory compliance, or review rights following a refusal decision, please contact Caroline on +61 3 8600 6057 or via email at cskeoch@aitken.com.au.