New South Wales Consolidated Acts

PRIVATE HOSPITALS AND DAY PROCEDURE CENTRES ACT 1988 - SECT 9

9 Approval in principle or refusal of application

(1) The Secretary shall, after considering an application for a licence under section 8:

(a) approve the application in principle, or

(b) refuse the application.

(2) The Secretary may impose conditions on an approval of an application in principle, including:

(a) conditions relating to the design and construction of any building to be constructed, altered or extended for the purposes of the proposed establishment, and

(b) the preparation and submission to the Secretary of a development timetable for any such building specifying the dates by which it is proposed that different stages in construction, alteration or extension will be completed.

(3) The Secretary may refuse, under this section, an application for a licence only if:

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

(b) the Secretary is satisfied that the proposed establishment is not capable of being conducted in accordance with the licensing standards applicable to it, or

(c) the Secretary is of the opinion that the application should be refused having regard to such development guidelines as may be prescribed by the regulations, or

(d) in the case of a proposed private hospital, the Secretary is satisfied that the total number of patients who may be accommodated overnight at private hospitals in New South Wales will be increased.

(4) If the Secretary approves an application in principle, the Secretary shall give the applicant written notice of that approval and any conditions to which the approval is subject.