Division 2 Applications for and issue of licences

6   Application for licence

(1)  An application for a licence for a private health facility is to be made to the Director-General by the person who intends to conduct the facility.

(2)  An application must:

(a)  be in a form approved by the Director-General, and

(b)  specify the class of facility for which the licence is sought, and

(c)  specify the maximum number of patients it is proposed to accommodate at any one time in each ward of the facility, and

(d)  specify the number (if any) of procedure rooms that are proposed to be provided at the facility, and

(e)  demonstrate that the facility can be conducted in accordance with the licensing standards, and

(f)  be accompanied by any fee and any particulars and documents prescribed by the regulations in relation to an application under this section in respect of that class of facility.

7   Approval in principle or refusal of application

(1)  The Director-General must, after considering an application for a licence under this Division:

(a)  give an approval in principle to the application, or

(b)  refuse the application.

(2)  The Director-General may give an approval in principle unconditionally or subject to conditions, including conditions relating to:

(a)  the design and construction of any clinical areas to be constructed, altered or extended for the purposes of the proposed facility, and

(b)  the times by which any such design and construction must be completed.

(3)  In determining whether to give an approval in principle, the Director-General is not to take into account whether any such approval has been previously given or refused.

(4)  The Director-General may refuse an application for a licence only if the Director-General is satisfied that:

(a)  the applicant, or any of the applicants, is not a fit and proper person to be a licensee or if the applicant is a corporation, a director or a person concerned in the management of the corporation is not a fit and proper person to be a licensee, or

(b)  the proposed facility is not capable of being conducted by the applicant in accordance with the licensing standards, or

(c)  having regard to any development guidelines approved by the Director-General and published in the Gazette:

(i)  approval of the application will result in more than an adequate number of health services becoming available in a particular clinical or geographic area and will undermine the provision of viable, comprehensive and coordinated health services, or

(ii)  the application should be refused for any other reason, or

(d)  the applicant (or, where the applicant is a corporation, any director or other person concerned in the management of the corporation) has been convicted of an offence under this Act or the regulations, or

(e)  the applicant (or, where the applicant is a corporation, any director or other person concerned in the management of the corporation) has been convicted in New South Wales of an offence punishable by imprisonment for a period of 12 months or more, or is convicted elsewhere than in New South Wales of an offence which, if committed in New South Wales, would be an offence so punishable, or

(f)  the applicant (being a natural person) has been bankrupt, or has applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, has compounded with his or her creditors or has made an assignment of his or her remuneration for their benefit, or

(g)  where the applicant is a corporation—a receiver or manager has been appointed in respect of the property of the applicant or the applicant has been commenced to be wound up or is under official management.

(5)  The Director-General must, if he or she gives an approval in principle, notify the applicant in writing of that approval and any conditions to which the approval is subject.

8   Period for which approval in principle remains effective

(1)  An approval in principle is effective for a period of one year from the date on which the applicant is given notice of that approval under section 7 (5), subject to any extension of that period by the Director-General under this section.

(2)  The Director-General may, at the request of the applicant and in accordance with this section, extend the period for which an approval in principle remains effective (an extension).

(3)  An applicant may make more than one request for an extension, but any such request must be made while the approval in principle is effective.

(4)  A request for an extension is to be in the form approved by the Director-General and is to be accompanied by any fee, document or information that may be prescribed by the regulations in relation to the relevant class of private health facility.

(5)  The Director-General may grant an extension only if:

(a)  the particular extension is for a period of no more than one year, and

(b)  the total period for which the approval in principle will be effective is no more than 7 years, and

(c)  the Director-General is satisfied that each applicant:

(i)  has made a reasonable attempt to comply with any conditions to which the approval in principle is subject, and

(ii)  is a fit and proper person to be a licensee or if the applicant is a corporation, each director and each person concerned in the management of the corporation is a fit and proper person to be a licensee.

9   Issue of licence approved in principle

(1)  The Director-General must grant an application and issue a licence to an applicant if the Director-General has approved the application in principle and all conditions to which the approval in principle was subject have been complied with, unless:

(a)  the approval in principle has expired, or

(b)  the Director-General is satisfied that the proposed facility is not capable of being conducted by the applicant in accordance with the licensing standards, or

(c)  the Director-General is satisfied that the applicant, or any of the applicants, is not a fit and proper person to be a licensee or if the applicant is a corporation, a director or a person concerned in the management of the corporation is not a fit and proper person to be a licensee.

(2)  The Director-General is to notify the applicant in writing if the Director-General grants an application and issues a licence.