Clause 18

Subject to subsection (2), this section applies to the following (each called in this section a section 28 licensee):

a licensee that provides a licensable healthcare service that is prescribed for the purposes of this section;

any particular licensee that is prescribed for the purposes of this section, whether or not the licensee provides a licensable healthcare service mentioned in paragraph (a).(2) Despite subsection (1), this section does not apply in relation to the employment, engagement or deployment of any individual who is, immediately before the date of commencement of section 18(2) of the Healthcare Services (Amendment) Act 2023, employed or engaged by a section 28 licensee.(3) The Minister may, by regulations made under section 57, provide that this section applies to a section 28 licensee only in relation to the deployment of any prescribed personnel of the section 28 licensee —

in a prescribed area of work; or

in respect of a prescribed class of patients.(4) Except with the Director‑General’s prior written approval, a section 28 licensee must not —

where this section applies to the section 28 licensee only in relation to the deployment of prescribed personnel in a prescribed area of work or in respect of a prescribed class of patients — deploy any prescribed personnel who is a restricted individual in the prescribed area of work or in respect of the prescribed class of patients, as the case may be; or

in any other case — employ or engage a restricted individual.(5) A section 28 licensee must obtain the prescribed personal particulars, in the prescribed form and manner, from the following individuals:

where this section applies to the section 28 licensee only in relation to the deployment of prescribed personnel in a prescribed area of work or in respect of a prescribed class of patients — every prescribed personnel who is to be deployed in the prescribed area of work or in respect of the prescribed class of patients, as the case may be; (b)in any other case — every individual who seeks employment with or to be engaged by the section 28 licensee.(6) In deciding whether an approval under subsection (4) should be granted, the Director‑General must have regard, and give such weight as the Director‑General considers appropriate, to all of the following matters:

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;

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

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).(7) To avoid doubt, the Director‑General is not confined to consideration of the matters specified in subsection (6) and may take into account any other matters and evidence that may be relevant.(8) A section 28 licensee must —

maintain records of the information referred to in subsection (5) in accordance with subsection (9); and

provide to the Director‑General any information that the Director‑General may require in respect of —

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

any individual who seeks or has sought employment with or who seeks or has sought to be engaged by the section 28 licensee.(9) For the purposes of subsection (8)(a), a section 28 licensee must maintain the records of the information referred to in subsection (5) —

throughout the duration of the individual’s employment or engagement with the section 28 licensee, as the case may be; and

for a period of 2 years following the cessation or termination for any reason of the individual’s employment or engagement with the section 28 licensee.(10) A section 28 licensee that contravenes subsection (4) 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.(11) In this section —