New South Wales Consolidated Acts

PRIVATE HEALTH FACILITIES ACT 2007 - SECT 31

31 Cancellation of licence with notice

(1) The Secretary may cancel the licence for a private health facility (including a licence that is suspended)--

(a) if the annual licence fee (and any late fee) payable under this Act in respect of the facility has not been paid within 3 months after the due date, or

(b) if the Secretary is satisfied that the licensee, or any of the licensees, is not a fit and proper person to be a licensee or if the licensee is a corporation, a director or a person concerned in the management of the corporation is not a fit and proper person to be a licensee, or

(c) if the licensee breaches any condition to which the licence is subject, or

(d) if the licensee (or, where the licensee is a corporation, any director or other person concerned in the management of the corporation) is convicted of an offence under this Act or the regulations, or

(e) if the licensee (or, where the licensee is a corporation, any director or other person concerned in the management of the corporation) is convicted in New South Wales of an offence punishable by imprisonment for a period of 12 months or more, or is convicted elsewhere than in New South Wales of an offence which, if committed in New South Wales, would be an offence so punishable, or

(f) if the licensee (being a natural person) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or

(g) where the licensee is a corporation, if a receiver or manager has been appointed in respect of the property of the licensee or if the licensee is commenced to be wound up or is under official management, or

(h) if the facility is conducted in such a manner that the cancellation of the licence is otherwise in the public interest.

(2) The Secretary may, for the purpose of exercising any of the Secretary's powers under subsection (1), cause an inquiry to be made by a person appointed by the Secretary for that purpose.

(3) The Secretary is not to cancel a licence under this section unless, before cancelling the licence, the Secretary--

(a) has given notice to the licensee that the Secretary intends to cancel the licence, and

(b) has specified in that notice the reasons for the Secretary's intention to cancel the licence, and

(c) has given the licensee (whether in the course of an inquiry under subsection (2) or otherwise) a reasonable opportunity to make submissions to the Secretary in relation to the proposed cancellation, and

(d) has taken into consideration any such submissions by the licensee.

(4) The cancellation of a licence under this section does not take effect until the expiration of 14 days after notice of the Secretary's decision is served on the licensee, subject to any order made by the Civil and Administrative Tribunal under Division 2 of Part 3 of Chapter 3 of the Administrative Decisions Review Act 1997 .

(5) The Secretary may, as he or she thinks fit, notify any person of a decision to cancel a licence under this section.