New South Wales Consolidated Acts

YOUTH AND COMMUNITY SERVICES ACT 1973 - SECT 18

18 Suspension and revocation of licence

(1) For the purposes of this section, the prescribed grounds, in relation to the suspension or revocation of a licence, are:

(a) that the licensee has requested that the licence be suspended or revoked,

(b) that either the licensee or the licensed manager is no longer a fit and proper person to be concerned in the conduct of a residential centre for handicapped persons,

(c) that either of those persons has contravened or failed to comply with a provision of this Part or of the regulations that is applicable to the person or that the premises to which the licence relates do not comply with any such provision or a condition of the licence applicable to them,

(d) that the premises to which the licence relates are not being used as a residential centre for handicapped persons,

(e) that the licensee is not the proprietor of the premises to which the licence relates, or

(f) that neither the licensed manager nor a person authorised so to do under section 19 (5) (b) or 20 (2) (a) is conducting a residential centre for handicapped persons at the premises to which the licence relates.

(2) If the Director-General intends to suspend or revoke a licence, the Director-General shall cause to be served on:

(a) the licensee, and

(b) the licensed manager,

a notice stating that, when 28 days have expired after service of the notice, the Director-General intends to suspend the licence for a period (not exceeding 6 months) specified in the notice or to revoke the licence, as the case may be, on the prescribed grounds specified in the notice, unless it has been established to the Director-General’s satisfaction that he or she should not do so.

(3) When 28 days have expired after a notice has been served under subsection (2) on a licensee and licensed manager, the Director-General may, after considering any submissions made to him or her during that period by either or both of those persons:

(a) suspend the licence to which the notice relates for the period (not exceeding 6 months) specified in the notice, or

(b) revoke the licence to which the notice relates,

by a further notice served on those persons, which further notice shall specify the prescribed grounds on which the licence is suspended or revoked, as the case may be.

(4) Notwithstanding subsections (2) and (3), where a licensee has requested that his or her licence be suspended or revoked, the Director-General may, by notice served on the licensee and the licensed manager:

(a) suspend the licence for the period (not exceeding 6 months) specified in the notice, or

(b) revoke the licence,

as the case may require.

(5) A licence is deemed not to be in force for any period for which it is suspended.

(6) Where a licence has been suspended under subsection (3) or (4) for a period, the Director-General may, at any time during that period, restore the licence by serving on both the licensee and the licensed manager a notice stating that the licence is restored.