§ 28 — Approval of employment of individuals by certain licensees

28.—(1) A licensee that provides a licensable healthcare service that is prescribed for the purposes of this section (called in this section a section 28 licensee) —

(a)

except with the Director’s prior written approval, must not employ any individual who has been convicted of any prescribed offence (called in this section a restricted individual);

(b)

must obtain the prescribed information, in the prescribed form and manner, from every individual —(i)

that the section 28 licensee employs; or

(ii)

who seeks employment with the section 28 licensee;

(c)

must maintain records of the information mentioned in paragraph (b) in accordance with this section; and

(d)

must provide to the Director any information that the Director may require in respect of —(i)

any individual that the section 28 licensee employs or has employed; or

(ii)

any individual who seeks or has sought employment with the section 28 licensee.

(2) In deciding whether an approval under subsection (1)(a) should be granted, the Director must have regard, and give such weight as the Director considers appropriate, to all the following matters:

(a)

the nature of the duties and responsibilities that the restricted individual will be deployed or required to perform or undertake by the section 28 licensee;

(b)

the nature and circumstances of the offence or offences of which the restricted individual was convicted;

(c)

the likelihood that the restricted individual will re‑offend or commit offences of the same or similar nature as the offence or offences mentioned in paragraph (b).

(3) To avoid doubt, the Director is not confined to consideration of the matters in subsection (2) and may take into account any other matters and evidence that may be relevant.

(4) For the purposes of subsection (1)(c), a section 28 licensee must maintain the records of the information mentioned in subsection (1)(b) —

(a)

throughout the duration of the individual’s employment with the section 28 licensee; and

(b)

for a period of 2 years following the cessation or termination for any reason of the individual’s employment with the section 28 licensee.

(5) A section 28 licensee that fails to comply with subsection (1)(a) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.

—(1) A licensee that provides a licensable healthcare service that is prescribed for the purposes of this section (called in this section a section 28 licensee) —

(a)

except with the Director’s prior written approval, must not employ any individual who has been convicted of any prescribed offence (called in this section a restricted individual);

(b)

must obtain the prescribed information, in the prescribed form and manner, from every individual —(i)

that the section 28 licensee employs; or

(ii)

who seeks employment with the section 28 licensee;

(c)

must maintain records of the information mentioned in paragraph (b) in accordance with this section; and

(d)

must provide to the Director any information that the Director may require in respect of —(i)

any individual that the section 28 licensee employs or has employed; or

(ii)

any individual who seeks or has sought employment with the section 28 licensee.

(2) In deciding whether an approval under subsection (1)(a) should be granted, the Director must have regard, and give such weight as the Director considers appropriate, to all the following matters:

(a)

the nature of the duties and responsibilities that the restricted individual will be deployed or required to perform or undertake by the section 28 licensee;

(b)

the nature and circumstances of the offence or offences of which the restricted individual was convicted;

(c)

the likelihood that the restricted individual will re‑offend or commit offences of the same or similar nature as the offence or offences mentioned in paragraph (b).

(3) To avoid doubt, the Director is not confined to consideration of the matters in subsection (2) and may take into account any other matters and evidence that may be relevant.

(4) For the purposes of subsection (1)(c), a section 28 licensee must maintain the records of the information mentioned in subsection (1)(b) —

(a)

throughout the duration of the individual’s employment with the section 28 licensee; and

(b)

for a period of 2 years following the cessation or termination for any reason of the individual’s employment with the section 28 licensee.

(5) A section 28 licensee that fails to comply with subsection (1)(a) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.