HEALTH SERVICES ACT 1988 - SECT 101 Suspension of registration of health service establishment

HEALTH SERVICES ACT 1988 - SECT 101

    (1)     The Secretary may suspend the registration of a health service establishment if the Secretary is satisfied that—

        (a)     the proprietor of the health service establishment is operating the health service establishment in a manner that poses serious risk to patient health or safety; or

        (b)     the proprietor of the health service establishment has failed to carry on the health service establishment in accordance with this Act, the regulations or any conditions of registration; or

        (c)     the proprietor of the health service establishment is not likely to continue to carry on the health service establishment in accordance with this Act, the regulations or any conditions of registration; or

        (d)     the proprietor of the health service establishment has been convicted of an offence against this Act or the regulations; or

S. 101(1)(da) inserted by No. 8/2020 s. 6.

        (da)     the proprietor of the health service establishment has failed to comply with a direction of the Secretary under section 105A; or

        (e)     in the case of a proprietor who is a natural person, the proprietor of the health service establishment has ceased to be a fit and proper person to carry on the health service establishment; or

        (f)     in the case of a proprietor that is a body corporate, a director or other officer of the body corporate who exercises or may exercise control over the health service establishment has ceased to be, or is not, a fit and proper person.

    (2)     If under this section the Secretary determines to suspend the registration of a health service establishment, the Secretary must give the proprietor of the health service establishment a written notice that states—

        (a)     the reason for the suspension; and

        (b)     the date on which the suspension takes effect; and

        (c)     that the Secretary will lift the suspension if the Secretary is satisfied that the reason for the suspension no longer exists.