Occupational Licensing Act 2005
37Determination of application
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37 Determination of application
(1) On receipt of an application for a practitioner's licence, the Administrator must consider the application and –
(a) [Section 37 Subsection (1) amended by No. 39 of 2018, s. 66, Applied:17 Dec 2018] may issue an appropriate licence to the applicant, which may be unconditional or subject to any conditions that the Administrator considers appropriate; or
(b) [Section 37 Subsection (1) amended by No. 39 of 2018, s. 66, Applied:17 Dec 2018] may refuse the application for any reason that the Administrator considers appropriate, including but not limited to any one or more of the following reasons:
(i) the applicant is not a fit and proper person;
(ii) the applicant does not have the qualifications, experience or competence to perform the functions of, or carry out the work of, a practitioner as appropriate for the occupation and class of the licence being sought by the applicant;
(iii) the applicant is unlikely to maintain his or her skills and qualifications, or undertake any required continuing professional development, as appropriate for the occupation and class of the licence being sought by the applicant;
(iv) the applicant does not have, or is not likely to have, a sound and stable financial background;
(v) the applicant is not, or is not likely to be, covered by the insurance required under section 27 ;
(vi) the applicant does not satisfy, or is not likely to satisfy, any applicable requirement of a determination under section 31 or any prescribed requirement;
(vii) the applicant has previously had a licence, or similar accreditation as a practitioner, refused, suspended or cancelled, in Tasmania or in another State or a Territory.
(2) Unless otherwise agreed with the applicant, the Administrator is to make a decision within 21 days after receiving the application.
(3) If the Administrator refuses the application, the Administrator is to give the applicant written notice setting out the reasons for the refusal.