New South Wales Consolidated Acts

PRIVATE HOSPITALS AND DAY PROCEDURE CENTRES ACT 1988 - SECT 34

34 Cancellation of licence with notice

(1) The Secretary may cancel the licence for an establishment:

(a) if the annual licence fee payable under section 17 in respect of the establishment has not been paid by the due date, or

(b) if the licensee is no longer a fit and proper person to be a licensee, or

(c) 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

(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 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

(e) if the licensee breaches any condition to which the licence is subject, 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 establishment has not been conducted in accordance with the licensing standards applicable to it, or

(i) if the establishment is conducted in such a manner:

(i) that reasonable standards of patient care have not been maintained, or

(ii) 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 some person appointed by the Secretary for the purpose.

(3) The Secretary shall not 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 given to the licensee, subject to any order made by the Administrative Decisions Tribunal under Division 2 of Part 3 of Chapter 5 of the Administrative Decisions Tribunal Act 1997 .