sec.112Decision about application for renewal

### sec.112 Decision about application for renewal After considering an application for renewal of registration and any submissions made in accordance with a notice under section 111 , a National Board may decide to renew, or refuse to renew, the applicant’s registration or the endorsement. The National Board may refuse to renew the applicant’s registration or any endorsement on the applicant’s registration— on any ground on which the Board could refuse to grant the registration or endorsement under section 82 or 102 if the application were for a grant of registration or endorsement; or if the applicant contravened any condition to which the applicant’s previous registration or endorsement was subject; or if the applicant failed to comply with any undertaking given by the applicant to the Board that was in effect during the applicant’s previous period of registration or endorsement; or if, during the applicant’s previous period of registration, the applicant failed to have appropriate professional indemnity insurance arrangements or failed to complete the continuing professional development required by an approved registration standard for the profession; or if a statement made by the applicant in the applicant’s annual statement was false or misleading in a material particular; or if the application is for the renewal of provisional registration and the applicant’s provisional registration has previously been renewed twice; or if the application is for the renewal of limited application and the applicant’s limited registration has previously been renewed 3 times. If the National Board renews a registration, including any endorsement on the registration, the registration or endorsement is subject to— any condition to which the registration was subject immediately before the renewal; and any condition the Board considers necessary or desirable in the circumstances; and any undertaking given by the applicant to the Board that was in effect immediately before the renewal; and any undertaking given by the applicant to the Board that the Board considers necessary or desirable in the circumstances. A failure by a registered health practitioner to comply with a condition of the practitioner’s registration, or an undertaking given by the practitioner to the Board, does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken. If the National Board decides to renew a registered health practitioner’s registration or an endorsement of the registration subject to a condition under subsection (3) (b) , the Board must decide a review period for the condition. If a National Board decides to refuse to renew an applicant’s registration or the endorsement of the applicant’s registration, or to renew the registration or the endorsement subject to a condition under subsection (3) (b) , the Board must give the applicant a notice that states— the decision made by the Board; and the reasons for the decision; and that the applicant may appeal against the decision; and how an application for appeal may be made and the period within which the application must be made. A registration, including any endorsement of the registration, renewed under this Subdivision— starts on the day immediately after the applicant’s previous period of registration ends or ended; and expires at the end of the day that is 12 months after the day it starts. sch s 112 amd 2022 No. 22 ss 66 , 79 (sec.112-ssec.1) After considering an application for renewal of registration and any submissions made in accordance with a notice under section 111 , a National Board may decide to renew, or refuse to renew, the applicant’s registration or the endorsement. (sec.112-ssec.2) The National Board may refuse to renew the applicant’s registration or any endorsement on the applicant’s registration— on any ground on which the Board could refuse to grant the registration or endorsement under section 82 or 102 if the application were for a grant of registration or endorsement; or if the applicant contravened any condition to which the applicant’s previous registration or endorsement was subject; or if the applicant failed to comply with any undertaking given by the applicant to the Board that was in effect during the applicant’s previous period of registration or endorsement; or if, during the applicant’s previous period of registration, the applicant failed to have appropriate professional indemnity insurance arrangements or failed to complete the continuing professional development required by an approved registration standard for the profession; or if a statement made by the applicant in the applicant’s annual statement was false or misleading in a material particular; or if the application is for the renewal of provisional registration and the applicant’s provisional registration has previously been renewed twice; or if the application is for the renewal of limited application and the applicant’s limited registration has previously been renewed 3 times. (sec.112-ssec.3) If the National Board renews a registration, including any endorsement on the registration, the registration or endorsement is subject to— any condition to which the registration was subject immediately before the renewal; and any condition the Board considers necessary or desirable in the circumstances; and any undertaking given by the applicant to the Board that was in effect immediately before the renewal; and any undertaking given by the applicant to the Board that the Board considers necessary or desirable in the circumstances. A failure by a registered health practitioner to comply with a condition of the practitioner’s registration, or an undertaking given by the practitioner to the Board, does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken. (sec.112-ssec.4) If the National Board decides to renew a registered health practitioner’s registration or an endorsement of the registration subject to a condition under subsection (3) (b) , the Board must decide a review period for the condition. (sec.112-ssec.5) If a National Board decides to refuse to renew an applicant’s registration or the endorsement of the applicant’s registration, or to renew the registration or the endorsement subject to a condition under subsection (3) (b) , the Board must give the applicant a notice that states— the decision made by the Board; and the reasons for the decision; and that the applicant may appeal against the decision; and how an application for appeal may be made and the period within which the application must be made. (sec.112-ssec.6) A registration, including any endorsement of the registration, renewed under this Subdivision— starts on the day immediately after the applicant’s previous period of registration ends or ended; and expires at the end of the day that is 12 months after the day it starts. - (a) on any ground on which the Board could refuse to grant the registration or endorsement under section 82 or 102 if the application were for a grant of registration or endorsement; or - (b) if the applicant contravened any condition to which the applicant’s previous registration or endorsement was subject; or - (ba) if the applicant failed to comply with any undertaking given by the applicant to the Board that was in effect during the applicant’s previous period of registration or endorsement; or - (c) if, during the applicant’s previous period of registration, the applicant failed to have appropriate professional indemnity insurance arrangements or failed to complete the continuing professional development required by an approved registration standard for the profession; or - (d) if a statement made by the applicant in the applicant’s annual statement was false or misleading in a material particular; or - (e) if the application is for the renewal of provisional registration and the applicant’s provisional registration has previously been renewed twice; or - (f) if the application is for the renewal of limited application and the applicant’s limited registration has previously been renewed 3 times. - (a) any condition to which the registration was subject immediately before the renewal; and - (b) any condition the Board considers necessary or desirable in the circumstances; and - (c) any undertaking given by the applicant to the Board that was in effect immediately before the renewal; and - (d) any undertaking given by the applicant to the Board that the Board considers necessary or desirable in the circumstances. Note. A failure by a registered health practitioner to comply with a condition of the practitioner’s registration, or an undertaking given by the practitioner to the Board, does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken. - (a) the decision made by the Board; and - (b) the reasons for the decision; and - (c) that the applicant may appeal against the decision; and - (d) how an application for appeal may be made and the period within which the application must be made. - (a) starts on the day immediately after the applicant’s previous period of registration ends or ended; and - (b) expires at the end of the day that is 12 months after the day it starts.