Cancellation

Cancellation of a licence

Your licence remains in force until cancelled under the HSE Act. A licence may be cancelled by the Secretary in the circumstances outlined below.

Prior to cancellation of the licence, the Secretary will request details about notification to, and referral of, patients. You will also be required to demonstrate that you have made appropriate arrangements in relation to the facility's register of patients and patient medical records (refer to AMA Policy Paper No. 5 – Disposal of Medical Records for further information in this regard). This AMA policy was adopted by the former Medical Council of Tasmania and is still currently used by AHPRA, notwithstanding rescission of the Medical Practitioners Registration Act 1996, and introduction of the Health Practitioner Regulation National Law (Tasmania) Act 2010).

Cancellation with Notice

Cancellation with Notice

Ref:

If the licence is amended, and needs to be altered to reflect these amendments (in this event, a new licence will be immediately issued following the cancellation).

s22(4)(b)

If the annual licence fee payable under the HSE Act has not been paid by the due date.

s30(1)(a)

If the licensee is no longer considered to be a fit and proper person to be a licensee.

s30(1)(b)

If the licensee (or, where the licensee is a corporation, any director or other person concerned in the management of the corporation) is convicted of an offence under the HSE Act or the Regulations.

s30(1)(c)

If the licensee (or, where the licensee is a corporation, any director or other person concerned in the management of the corporation) is convicted in Tasmania of an offence punishable by imprisonment of a period of 12 months or more, or is convicted elsewhere than Tasmania of an offence which, if committed in Tasmania, would be an offence that is so punishable.

s30(1)(d)

If the licensee commits a breach of any condition to which the licence is subject.

s30(1)(e)

If the licensee (in the case of a natural person) becomes bankrupt; applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; compounds with his or her creditors, or makes an assignment of his or her remuneration for their benefit.

s30(1)(f)

If a receiver or manager of the licensee (in the case of a corporation) has been appointed in respect of the property of the licensee or if the licensee has commenced to be wound up, or is under official management.

s30(1)(g)

If the establishment no longer meets the requirements of the licence because of the material alteration to or extension of it made by the licensee.

s30(1)(ga)

If material alteration/extension is made to the facility without prior 'in principle' approval from the Secretary.

20(9)

If the establishment has not been conducted in accordance with the licensing standards applicable to it.

s30(1)(h)

If the establishment is conducted in such a manner that reasonable standards of patient care have not been maintained.

s30(1)(i)(i)

If the establishment is conducted in such a manner that the cancellation of the licence is, in the Secretary's opinion, in the public interest.

s30(1)(i)(ii)

In the event of any of the above, the Secretary will give notice to the licensee of the intent to cancel the licence, providing reasons why the licence is to be cancelled, and will give the licensee a reasonable opportunity to make submissions in respect of the proposed cancellation (generally within 14 days, depending on the circumstances of the cancellation). These submissions will be taken into consideration when making the decision whether to proceed with the cancellation of the licence. The Secretary may also cause an inquiry to be made, by a person appointed by the Secretary, to assist them in their determinations.

Please note that financial penalties may also apply to licensees in certain circumstances (see Offences and Fines under the Act).

Cancellation without Notice

The Secretary may also cancel a licence without prior notice under the following circumstances:

Cancellation without Notice

Ref:

If the licensee requests cancellation in writing (in your request, please note the date on which you intend to cease operation).

s29(a)

If the premises have ceased to be a class of establishment for which the licence was issued.

s29(b)

In the case of a temporary licence, if the secretary considers it appropriate.

S29(c)

Note: If at any time there is no accreditation for a private hospital or day procedure centre (other than a 'low-risk' class of day procedure centre), and no exemption from the Secretary has been sought and is in force, the licence is taken to be cancelled(see Accreditation for more detail).

Appeal Process

If you are unhappy with the decision made by the Secretary to cancel your licence, you may appeal to the Magistrates Court (Administrative Appeals Division), in accordance with the Magistrates Court (Administrative Appeals Division) Act 2001.


References:

Health Service Establishments Act 2006, ss. 20(9), 22, 29, 30

Health Service Establishments Regulations 2011, Schedule 1, Part 5(3)

Magistrates Court (Administrative Appeals Division) Act 2001