New South Wales Consolidated Acts

PRIVATE HEALTH FACILITIES ACT 2007 - SECT 7

7 Approval in principle or refusal of application

(1) The Secretary must, after considering an application for a licence under this Division--

(a) give an approval in principle to the application, or

(b) refuse the application.

(2) The Secretary may give an approval in principle unconditionally or subject to conditions, including conditions relating to--

(a) the design and construction of any clinical areas to be constructed, altered or extended for the purposes of the proposed facility, and

(b) the times by which any such design and construction must be completed.

(3) In determining whether to give an approval in principle, the Secretary is not to take into account whether any such approval has been previously given or refused.

(4) The Secretary may refuse an application for a licence only if the Secretary is satisfied that--

(a) the applicant, or any of the applicants, is not a fit and proper person to be a licensee or if the applicant 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

(b) the proposed facility is not capable of being conducted by the applicant in accordance with the licensing standards, or

(c) having regard to any development guidelines approved by the Secretary and published in the Gazette, the application should be refused, or

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

(e) the applicant (or, where the applicant is a corporation, any director or other person concerned in the management of the corporation) has been 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) the applicant (being a natural person) has been bankrupt, or has applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, has compounded with his or her creditors or has made an assignment of his or her remuneration for their benefit, or

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

(5) The Secretary must, if he or she gives an approval in principle, notify the applicant in writing of that approval and any conditions to which the approval is subject.