35KSuspension and cancellation of NEPT licence

35K Suspension and cancellation of NEPT licence

[Section 35K Inserted by No. 73 of 2013, s. 25, Applied:01 Jul 2014]

(1)  The Secretary may cancel or suspend an NEPT licence at any time if the Secretary believes on reasonable grounds that –

(a) if the holder of the NEPT licence is a natural person, the holder of the licence is not a fit and proper person; or

(b) if the holder of the NEPT licence is a body corporate, the chief executive officer or a director of the body corporate is not a fit and proper person; or

(c) the health or safety of staff, patients, or clients of the holder of the NEPT licence is at risk; or

(d) the holder of the NEPT licence –

(i) has failed to carry on the non-emergency patient transport services authorised under the NEPT licence in accordance with this Act, the regulations or the licence; or

(ii) is unlikely to carry on the non-emergency patient transport services authorised under the NEPT licence in accordance with this Act, the regulations or the licence; or

(e) the holder of the NEPT licence has been found guilty of an offence against this Act or the regulations.

(2)  In deciding under subsection (1) whether cancellation or suspension is the more appropriate course of action in the circumstances, the Secretary is to regard public safety, rather than the rights and convenience of the holder of the NEPT licence, as being the paramount consideration.

(3)  The Secretary is to notify the holder of the NEPT licence in writing that the Secretary intends to suspend or cancel the licence.

(4)  A notice under subsection (3) must –

(a) state when the suspension or cancellation takes effect; and

(b) state that the Secretary is satisfied that there are grounds for cancelling the licence and set out those grounds; and

(c) state that the holder of the licence may make written submissions to the Secretary in respect of the suspension or proposed cancellation within the period specified in the notice; and