21BUndertaking by eligible midwife

21B Undertaking by eligible midwife

Minister must accept or refuse undertaking (1) If an eligible midwife gives to the Minister, in writing, an undertaking in accordance with the common form of undertaking, the Minister must, unless subsection (2) applies, accept the undertaking. (2) If the Minister is satisfied that: (a) if the undertaking were accepted, the eligible midwife would be likely to carry on the whole or a part of the practice or business of a relevant midwife (see subsection (3)); and (b) the acceptance of the undertaking would be likely to have the effect of allowing the eligible midwife to avoid, in whole or in part, the financial consequences of the making of a determination under paragraph 124F(2)(d) or (e) in relation to the person; the Minister must refuse to accept the undertaking unless he or she is satisfied that it is not in the public interest to do so.

Note: See section 21C for review of a decision to refuse to accept the undertaking, and when such a decision takes effect.

Meaning of relevant midwife (3) For the purposes of subsection (2), a relevant midwife is an eligible midwife: (a) in relation to whom a determination under paragraph 124F(2)(d) or (e) is in effect; or (b) who the Minister has reasonable grounds to believe may have committed a relevant offence (within the meaning of section 124B) in relation to which a determination has not been made under subsection 124F(2). Minister to give notice of decision (4) The Minister must give the eligible midwife written notice of his or her decision to accept or refuse to accept the undertaking. When undertaking comes into force (5) The undertaking comes into force when accepted by the Minister. Date of acceptance where decision reviewed etc. (6) If a decision by the Minister to refuse to accept the undertaking does not take effect because it was set aside on review or in accordance with a judgment or order on appeal, the Minister is taken to have accepted the undertaking: (a) on the date on which it was originally received by the Minister; or (b) on an earlier date (not being a date earlier than the date on which it was signed) fixed by the Minister. Termination of undertaking by participating midwife (7) A participating midwife may, at any time, terminate an undertaking by giving the Minister a notice in the approved form. (8) The notice must specify a date of termination that is not earlier than 30 days after the day on which it is given to the Minister. When undertaking ceases to be in force (9) The undertaking ceases to be in force: (a) on the date of termination specified in the notice given under subsection (8); or (b) when either of the following take effect: (i) an agreement under subsection 92(1) that specifies that the Minister’s acceptance of the undertaking is taken to be revoked; (ii) a final determination under section 106TA that contains a direction under paragraph 106U(1)(ea) that the Minister’s acceptance of the undertaking is taken to be revoked. Effect of varying common form of undertaking (10) If the common form of undertaking is varied under subsection 21A(5), an undertaking given under this section is taken to have been varied to accord with the common form of undertaking as so varied.