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Health Practitioners Competence Assurance Act 2003

2: Registration of, and practising certificates for, health practitioners

27   Restrictions on issue of annual practising certificate




    27 Restrictions on issue of annual practising certificate

  (1)  Subsection (2) applies to an application for an annual practising
certificate to the authority concerned if the Registrar believes on reasonable
grounds that---

      (a)  the applicant has, at any time, failed to maintain the required
standard of competence; or

      (b)  the applicant has failed to fulfil, or has failed to comply with, a
condition included in the applicant's scope of practice; or

      (c)  the applicant has not satisfactorily completed the requirements of
any competence programme that he or she has been ordered by the authority to
complete; or

      (d)  the applicant has not held an annual practising certificate of a
kind sought by the application within the 3 years immediately preceding the
date of the application; or

      (e)  the applicant is unable to perform the functions required for the
applicant's profession because of some mental or physical condition;
or

      (f)  the applicant has not, within the 3 years immediately preceding the
date of application, lawfully practised the profession to which the application
relates.

  (2)  If this subsection applies to an application, the Registrar must
promptly---

      (a)  ascertain whether the Registrar is able to consider and determine
the application under a delegation given to the Registrar under clause 17 of
Schedule 3; or

      (b)  if that is not the case, submit the application to the authority for
its consideration.

  (3)  The Registrar or the authority may decline to issue an annual practising
certificate if satisfied that any information included in the application is
false or misleading.

  (4)  Before the Registrar or the authority decides to decline to issue an
annual practising certificate under subsection (3), the Registrar or, as the
case requires, the authority must---

      (a)  inform the health practitioner concerned in writing why the
Registrar or, as the case requires, the authority believes that the information
is false or
misleading; and

      (b)  give the health practitioner a reasonable opportunity to make
written submissions and to be heard on the question, either personally or by
his or her
representative.
Compare: 1995 No 95 s 52

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