Restrictions on issue of annual practising certificate

Consideration of application to issue an APC

The Registrar will not issue an APC if he or she believes there are reasonable ground to refer the application to the Council.

There are a number of grounds set out in the Health Practitioners Competence Assurance Act 2003 that may lead to the APC application being referred or declined or issued with conditions:

• If any fine or costs imposed under s.101, or any costs or expenses payable under s.924 remain unpaid
• If the Registrar or the Council is satisfied that any information in the application is false or misleading
• If the applicant has:
  • has failed to maintain the required standard of competence
  • has failed to fulfil or comply with a condition included in the applicant's scope of practice
  • has not satisfactorily completed the requirements of any competence programme that the applicant has been ordered by the Council to complete
  • has not held an APC within the 3 years immediately preceding the date of the application
  • is unable to perform the functions required for the applicant's profession because of some mental or physical condition
  • has not within the 3 years immediately preceding the date of application lawfully practised his or her profession

If an application is referred to the Council, the Council must not decide to issue an APC unless satisfied that the applicant meets the required standard of competence.  The Council may issue an APC with or without changes to the applicant's scope of practice, may require the applicant to fulfil one or more conditions before an APC is issued, or may decide not to issue an APC.  If an APC is declined the Council may issue an interim practising certificate for a period of up to 12 months pending fulfilment of conditions the Council specifies.

Practitioners will be given an opportunity to make written and oral submissions prior to any decision being made to decline an annual practising certificate application, or to include or vary conditions in the health practitioner's scope of practice.