New South Wales Repealed Acts

This legislation has been repealed.

MEDICAL PRACTICE ACT 1992 - SECT 116D

116D Convicted offenders may be prohibited from carrying on business

(1) The Director-General may by notice in writing given to a person who has been convicted of or made the subject of a criminal finding for an offence against this Part prohibit the person from operating a business that provides medical services.

(2) The prohibition may be expressed to be:

(a) for a fixed period (in which case the prohibition remains in force only for that fixed period), or

(b) for an unlimited period subject to an entitlement to apply after a specified time for the lifting of the prohibition (in which case the prohibition remains in force until it is lifted).

(3) A prohibition may not be imposed under this section unless the Director-General is of the opinion that the person is not a fit and proper person to operate a business that provides medical services. The Director-General is entitled to presume, in the absence of evidence to the contrary, that a person who has been convicted of or made the subject of a criminal finding for an offence against this Part on 2 or more occasions in any period of 10 years is not a fit and proper person to operate such a business.

(4) A prohibition under this section may be limited in its operation in either or both of the following ways:

(a) it may be limited to specified premises, but only where the person concerned operates a business that provides medical services at those premises and at other premises,

(b) it may be limited to premises within a specified area.

(5) If a prohibition under this section is subject to an entitlement to apply after a specified time for the prohibition to be lifted, such an application may be made to the Director-General after that time. The Director-General may lift the prohibition or confirm the prohibition and set a further period after which an application for the prohibition to be lifted can be made under this subsection.