42Z Application to renew a first aid service licence
(1) Before a first aid service licence expires, the holder may apply to the Secretary for the renewal of the licence.
(b) must be accompanied—
(i) if the application is made at least 3 months before the licence expires, by the prescribed fee; or
(ii) if the application is made within the period of 3 months before the licence expires, by the prescribed fee and an additional fee of one half of the prescribed fee.
(3) An applicant under this section must give to the Secretary any further information relating to the application that the Secretary requests.
(4) A first aid service licence in respect of which an application is made under this section is taken to continue in force, after the expiry of the licence period, until the Secretary makes a decision in relation to the application.
S. 42ZA inserted by No. 29/2021 s. 24.
42ZA Matters the Secretary must consider in deciding whether or not to renew a licence
(1) The Secretary must not renew a first aid service licence unless the Secretary is satisfied that—
(b) if the applicant is a body corporate, each director and officer of the body corporate who does or may exercise control over the service is a fit and proper person; and
(c) the care provided by the service to patients is safe and of an appropriate quality.
(2) In determining whether or not to renew a licence, the Secretary must consider—
(a) the suitability of the clinical governance arrangements and management and staffing arrangements for the service and the compliance of those arrangements with the regulations and any approved standards; and
(b) whether the service has been operated in accordance with—
(iii) any approved standards; and
(iv) any other law relating to or affecting the operation of the first aid service; and
(v) any conditions to which the licence is subject; and
(c) if the applicant is a body corporate, whether the body corporate is of sound financial reputation and stable financial background.
S. 42ZB inserted by No. 29/2021 s. 24.
42ZB Time limit for making decision on application for renewal of licence
The Secretary must make a decision under section 42Y and give notice in writing of the decision to an applicant under section 42Z—
(b) if the Secretary has requested further information from the applicant, within 28 days after the information last requested is given to the Secretary.
S. 42ZC inserted by No. 29/2021 s. 24.
42ZC Application to transfer a first aid service licence
(1) The holder of a first aid service licence may apply to the Secretary for the transfer of the first aid service licence to another person named in the application (the proposed transferee).
(2) An application under subsection (1) must—
(a) include any prescribed information; and
(b) be accompanied by the prescribed fee; and
(c) be signed by both the holder of the first aid service licence and the proposed transferee.
(3) The Secretary, by written notice to the holder of the first aid service licence and the proposed transferee, may require either or both of them to give the Secretary any further information or document the Secretary reasonably requires to determine the application, within a reasonable time specified in the notice.
S. 42ZD inserted by No. 29/2021 s. 24.
42ZD Approval of transfer of first aid service licence
(1) The Secretary may approve the transfer of a first aid service licence.
(2) The Secretary must not approve the transfer of a licence under subsection (1) unless the Secretary is satisfied that—
(a) if the proposed transferee is an individual, the proposed transferee is a fit and proper person; and
(b) if the proposed transferee is a body corporate, each director and officer of the body corporate who does or may exercise control over the service is a fit and proper person; and
(c) the arrangements for the care to be provided by the transferred service to patients are such that the care will be safe and of an appropriate quality.
(3) In determining whether or not to grant a transfer, the Secretary must consider the following matters—
(a) the suitability of the equipment to be used in the service;
(b) the suitability of the clinical governance arrangements and management and staffing arrangements for the service and the compliance of those arrangements with regulations made under this Act and any approved standards;
(c) the suitability of the arrangements for recording, monitoring and reviewing the clinical governance arrangements and management and staffing arrangements for the service;
(d) if the proposed transferee is a body corporate, whether the body corporate is of sound financial reputation and stable financial background.
S. 42ZE inserted by No. 29/2021 s. 24.
42ZE Time limit for making decision on application to transfer first aid service licence
The Secretary must make a decision under section 42ZD and give notice in writing of the decision to the applicant under section 42ZC—
(a) if paragraph (b) does not apply, within 60 days after receiving the transfer application; or
(b) if the Secretary has requested further information from the holder of the first aid service licence or proposed transferee, within 28 days after the information last requested is given to the Secretary.
S. 42ZF inserted by No. 29/2021 s. 24.
42ZF Duration of transferred first aid service licence
If the Secretary approves an application under section 42ZD, the first aid service licence continues in force for the remainder of the period specified in the licence.
S. 42ZG inserted by No. 29/2021 s. 24.
42ZG Power of the Secretary to vary licences
The Secretary may, either on the application of the holder of a first aid service licence, or on the Secretary's own motion—
(a) vary a first aid service licence; or
(b) vary a condition on a first aid service licence, other than a prescribed condition.
S. 42ZH inserted by No. 29/2021 s. 24.
42ZH Variation of first aid service licence on the motion of the Secretary
(1) Before—
(a) varying a first aid service licence; or
(b) varying a condition on a first aid service licence—
on the Secretary's own motion under section 42ZG, the Secretary must—
(c) notify the holder of the licence; and
(d) allow the holder an opportunity to make written submissions.
(2) Submissions under subsection (1) must be made within the time period specified in the notice.
(3) In making a decision as to whether or not to vary a licence under section 42ZG, the Secretary must—
(a) have regard to submissions made within the period for making submissions; and
(b) notify the holder of the Secretary's decision.
(4) A variation to which subsection (1) applies has effect from the time specified in the notice under subsection (3).
S. 42ZI inserted by No. 29/2021 s. 24.
42ZI Application to vary a first aid service licence
(1) The holder of a first aid service licence may apply to the Secretary for—
(a) variation of the licence; or
(b) variation of a condition of the licence.
(3) An applicant under subsection (1) must give to the Secretary any further information relating to the application that the Secretary requests.
S. 42ZJ inserted by No. 29/2021 s. 24.
42ZJ Matters the Secretary must consider in deciding on certain applications for variation
(1) The Secretary must not grant an application under section 42ZI to enable the licence holder to operate an additional class or additional classes of service under the licence unless the Secretary is satisfied that the applicant has demonstrated—
(a) that the arrangements for the care provided by the additional class or classes of service to patients is such that the care will be safe and of an appropriate quality; and
(b) that the clinical governance arrangements and management and staffing arrangements for the operation of the additional class or classes of service are suitable; and
(c) that the arrangements for recording, monitoring and reviewing the clinical governance arrangements and management and staffing arrangements for the additional class or classes of service are suitable.
(2) The Secretary, by written notice to the applicant, may require the applicant to give the Secretary any further information or document the Secretary reasonably requires to determine the application, within a reasonable time specified in the notice.
S. 42ZK inserted by No. 29/2021 s. 24.
42ZK Time limit for making decision on application for variation of first aid service licence
The Secretary must make a decision under section 42ZG and give notice in writing of the decision to an applicant under section 42ZI—
(b) if the Secretary has requested the applicant to give further information, within 28 days after the information last requested is given to the Secretary.
Division 5—Surrender and suspension of first aid service licences
Subdivision 1—Surrender of first aid service licence
S. 42ZL inserted by No. 29/2021 s. 24.
42ZL Surrender of first aid service licence
(1) The holder of a first aid service licence may surrender that licence to the Secretary for cancellation.
Subdivision 2—Immediate suspension of first aid service licence
S. 42ZM inserted by No. 29/2021 s. 24.
42ZM Immediate suspension of first aid service licence where serious risk to health or safety
(1) The Secretary may immediately suspend a first aid service licence as to all or any class or classes of first aid specified in the licence if the Secretary reasonably believes the licence holder is providing the service in a manner that poses a serious risk to patient health or safety.
(2) As soon as the Secretary suspends the licence the Secretary must give notice of the suspension to the holder of the licence.
(3) A notice under subsection (2) must set out—
(a) the reason for the suspension; and
(b) whether the licence has been fully or partly suspended and if the licence has been partly suspended, the class or classes of first aid for which the licence has been suspended; and
(c) the period of the suspension, which must be not more than 6 months; and
(d) that the licence holder may, within 30 days after the notice is given, give the Secretary a written response to the proposed suspension.
(4) If a first aid service licence is suspended in respect of a class or classes of first aid specified in the licence, but not all of the classes of first aid so specified, the licence continues to authorise the provision of the class or classes of first aid service in respect of which the licence has not been suspended.
S. 42ZN inserted by No. 29/2021 s. 24.
42ZN Licence holder may give written response to notice of suspension
A licence holder who is given a notice under section 42ZM(2) may, within 30 days after the notice is given, give the Secretary a written response to the suspension.
S. 42ZO inserted by No. 29/2021 s. 24.
42ZO Review of suspension
(1) The Secretary must review a suspension under section 42ZM after the expiry of the 30 day period referred to in section 42ZN.
(2) In reviewing a suspension under section 42ZM, the Secretary must have regard to any written response by the licence holder given to the Secretary within the 30 day period.
S. 42ZP inserted by No. 29/2021 s. 24.
42ZP Powers of Secretary on review of suspension
After reviewing the suspension under section 42ZO, the Secretary may decide to—
(a) revoke the suspension; or
(b) continue the suspension for the period specified; or
(c) give notice under Division 6 that the Secretary proposes to cancel the licence.
Subdivision 3—Suspension of first aid service licence with notice
S. 42ZQ inserted by No. 29/2021 s. 24.
42ZQ Notice before suspension
(1) If the Secretary is considering the suspension under section 42ZS of a first aid service licence as to all or any of the class or classes of first aid provided under the licence, before imposing the suspension, the Secretary must give the licence holder notice of the proposal to suspend the licence.
(a) that the Secretary proposes to suspend the licence; and
(b) the proposed period of suspension; and
(c) the reasons for the proposed suspension; and
(d) that the licence holder may, within 30 days after the notice is given, give the Secretary a written response to the proposed suspension.
S. 42ZR inserted by No. 29/2021 s. 24.
42ZR Licence holder may give written response to proposal to suspend licence
A licence holder who is given a notice under section 42ZQ may, within 30 days after the notice is given, give the Secretary a written response to the proposed suspension.
S. 42ZS inserted by No. 29/2021 s. 24.
42ZS Suspension of first aid service licence
(1) The Secretary may suspend a first aid service licence as to all or any class or classes of first aid specified in the licence.
(2) Before imposing a suspension under this section, the Secretary must consider any written response given by the licence holder under section 42ZR within the period specified in that section.
(3) The Secretary must not suspend a licence under subsection (1) unless the Secretary is satisfied that—
(b) if the licence holder is a body corporate, a director or officer of the body corporate who does or may exercise control over the service is not a fit and proper person; or
(c) as to the class or classes of first aid to which the proposed suspension relates, the licence holder has failed to comply with—
(d) the licence holder is not financially viable; or
(e) if the licence holder is an individual, the individual has died.
(4) If a first aid service licence is suspended in respect of a class or classes of first aid specified in the licence, but not all of the classes of first aid so specified, the licence continues to authorise the provision of the class or classes of first aid service in respect of which the licence has not been suspended.
(5) A suspension under this section must not be for a period of more than 6 months.
S. 42ZT inserted by No. 29/2021 s. 24.
42ZT Secretary to give notice of suspension
(1) The Secretary must serve written notice of the suspension of a licence under section 42ZS on the holder of the licence.
(a) the fact that the licence has been suspended; and
(b) whether the licence has been fully or partly suspended and if the licence has been partly suspended, the class or classes of first aid for which the licence has been suspended; and
(c) the period of the suspension and date on which the suspension takes effect; and
(d) the reasons for the suspension; and
(e) the effect of section 42ZU(2).
S. 42ZU inserted by No. 29/2021 s. 24.
42ZU Taking of effect of suspension and period of suspension
(1) A suspension under section 42ZS takes effect on the day specified in the notice under section 42ZT, which must not be earlier than the day on which the notice is served on the licence holder.
(2) A suspension under section 42ZS remains in force until the earlier of the following—
(a) the end of the period specified in section 42ZS(5);
(b) if the Secretary determines that it should end on an earlier date, that date.
(3) The Secretary must not make a determination under subsection (2) unless the Secretary is satisfied that the reason for the suspension no longer exists.
Subdivision 4—Effect of suspension with or without notice
S. 42ZV inserted by No. 29/2021 s. 24.
42ZV Effect of suspension
A person—
(a) whose licence is suspended under section 42ZM or 42ZS is taken not to be the holder of a first aid service licence for the period of the suspension; or
(b) whose licence is suspended as to a class or classes of first aid, is taken not to be the holder of a first aid service licence in respect of that class or those classes.
Division 6—Cancellation of first aid service licence
S. 42ZW inserted by No. 29/2021 s. 24.
42ZW Notice before cancellation of first aid service licence
(1) If the Secretary is considering the cancellation under section 42ZY(1) of a first aid service licence, before cancelling the licence, the Secretary must give the licence holder a notice of the proposal to cancel the licence.
(a) that the Secretary proposes to cancel the licence; and
(b) the reasons for the proposed cancellation; and
(c) that the licence holder may, within 30 days after the notice is given, give the Secretary a written response to the proposed cancellation.
S. 42ZX inserted by No. 29/2021 s. 24.
42ZX First aid service licence holder may give written response to proposal to cancel licence
A licence holder who is given a notice under section 42ZW may, within 30 days after the notice is given, give the Secretary a written response to the proposed cancellation.
S. 42ZY inserted by No. 29/2021 s. 24.
42ZY Cancellation of first aid service licence
(1) The Secretary may cancel a first aid service licence if the Secretary is satisfied that—
(b) if the licence holder is a body corporate, a director or officer of the body corporate who does or may exercise control over the service is not a fit and proper person; or
(c) the licence holder is providing the service in a manner that poses a serious risk to patient health or safety; or
(d) the licence holder has failed to comply with—
(e) the licence holder has been found guilty of an offence against—
(f) the licence holder does not have an approved accreditation; or
(g) one or more of the clinical governance arrangements and management and staffing arrangements of the licence holder are not suitable for the provision of the service; or
(h) the licence holder has not operated under the licence during the previous 12 months; or
(i) the licence holder is not financially viable.
(2) If the Secretary is proposing to cancel a licence under subsection (1)(d), before doing so the Secretary may give notice to the licence holder that the Secretary intends to cancel the licence if satisfactory arrangements are not made to remedy the failure to comply with the relevant provision within the period specified in the notice.
(3) A notice under subsection (2)—
(a) must set out the relevant provision of—
(v) the conditions of the licence—
with which the person has failed to comply; and
(b) must set out the time within which arrangements must be made to remedy the failure to comply (which must be not less than 28 days).
(4) After giving a notice under subsection (2), the Secretary may cancel the licence under subsection (1) if, after the expiry of the period specified in the notice, satisfactory arrangements to remedy the failure have not been made.
(5) Before cancelling a licence under this section, or giving a notice under subsection (2), the Secretary must consider any written response that is given by the licence holder under section 42ZX within the period specified in that section.
S. 42ZZ inserted by No. 29/2021 s. 24.
42ZZ Matters for Secretary to consider in cancelling a first aid service licence
In making a decision to cancel a licence under section 42ZY(1), the Secretary must consider—
(a) the conduct of the licence holder; and
(b) the seriousness of any breach of—
(v) the conditions of the licence; and
(c) whether or not any such breach could have been avoided by the reasonable exercise of care; and
(d) any circumstances that may prevent the licence holder from being able to continue to carry on the service in accordance with this Act, the regulations or the conditions of licence.
S. 42ZZA inserted by No. 29/2021 s. 24.
42ZZA Secretary to serve notice of cancellation
(1) The Secretary must serve written notice of the cancellation of a licence under section 42ZY(1) on the holder of the licence.
(a) the fact that the licence has been cancelled; and
(b) the fact that, under section 42ZZB, the cancellation takes effect on the day of service of the notice; and
(c) the reasons for the cancellation.
S. 42ZZB inserted by No. 29/2021 s. 24.
42ZZB Taking of effect of cancellation
The cancellation of a licence under section 42ZY(1) takes effect on the day the notice under section 42ZZA is served on the licence holder.
Division 7—Special notification requirements
S. 42ZZC inserted by No. 29/2021 s. 24.
42ZZC Change of trading name—first aid service licence holder
If there is a change in the trading name of the holder of a first aid service licence, the licence holder must make an application under section 42ZI for variation of the first aid service licence to reflect the change in trading name within 14 days of that change.
S. 42ZZD inserted by No. 29/2021 s. 24.
42ZZD First aid service licence holder must notify Secretary as to certain matters
If the holder of a first aid service licence has not attended any events for the purposes of providing first aid during a 12 month period, the licence holder must so notify the Secretary as soon as practicable after the end of the 12 month period.