sec.55Changing licence—chief health officer acting on own initiative

sec.55 Changing licence—chief health officer acting on own initiative

The chief health officer may decide to change— details about the private health facility stated in the licence for the facility, including the type of health services provided at the facility; or the conditions of a licence under section 48 (4) , including by imposing additional conditions. However, subsection (1) applies only if the chief health officer considers it necessary or desirable to make the change— for the proper operation of the private health facility to which the licence relates; or for the health and wellbeing of patients who are receiving, or may receive, health services at the facility. Before deciding to change the licence, the chief health officer must first give the licensee a written notice (a notice of intention ) stating the following— the proposed decision; the grounds for the proposed decision; an outline of the facts and circumstances forming the basis for the grounds; an invitation to the licensee to show within a stated period (the show cause period ) why the proposed decision should not be made. The show cause period must be a period ending at least 21 days after the notice of intention is given to the licensee. The licensee may make written representations about the proposed decision to the chief health officer in the show cause period. The chief health officer must consider all written representations made in the show cause period by the licensee before deciding whether or not to change the licence. If, after giving the licensee a notice of intention and taking into account any written representations made by the licensee, the chief health officer decides to change the licence, the chief health officer must immediately give the licensee an information notice about the decision. The change to the licence takes effect on the day the information notice is given to the licensee. (sec.55-ssec.1) The chief health officer may decide to change— details about the private health facility stated in the licence for the facility, including the type of health services provided at the facility; or the conditions of a licence under section 48 (4) , including by imposing additional conditions. (sec.55-ssec.2) However, subsection (1) applies only if the chief health officer considers it necessary or desirable to make the change— for the proper operation of the private health facility to which the licence relates; or for the health and wellbeing of patients who are receiving, or may receive, health services at the facility. (sec.55-ssec.3) Before deciding to change the licence, the chief health officer must first give the licensee a written notice (a notice of intention ) stating the following— the proposed decision; the grounds for the proposed decision; an outline of the facts and circumstances forming the basis for the grounds; an invitation to the licensee to show within a stated period (the show cause period ) why the proposed decision should not be made. (sec.55-ssec.4) The show cause period must be a period ending at least 21 days after the notice of intention is given to the licensee. (sec.55-ssec.5) The licensee may make written representations about the proposed decision to the chief health officer in the show cause period. (sec.55-ssec.6) The chief health officer must consider all written representations made in the show cause period by the licensee before deciding whether or not to change the licence. (sec.55-ssec.7) If, after giving the licensee a notice of intention and taking into account any written representations made by the licensee, the chief health officer decides to change the licence, the chief health officer must immediately give the licensee an information notice about the decision. (sec.55-ssec.8) The change to the licence takes effect on the day the information notice is given to the licensee.