時間：2015-01-01 10:26來源：藍天飛行翻譯公司 作者：民航翻譯 點擊：次
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To view this page ensure that Adobe Flash Player version 9.0.124 or greater is installed. (a) any decision made under section 27B, other than a decision made under section 27B(5)(b): (b) any decision made under section 27I, other than a decision made under— (i) section 27I(1); or (ii) section 27I(2)(a); or (iii) section 27I(2)(c); or (iv) section 27I(3)(a)(i); or (v) section 27I(3)(a)(iii). (2) If such a request is made, the convener must, as soon as practicable, review the decision. (3) The convener— (a) must draw on the advice and expertise of at least 1 person who the convener is satisfied is suitably qualified and experienced to assist the convener in his or her assessment of the decision that is under review; and (b) must have regard to the purpose and scheme of the Act and the Director’s duties under the Act when carrying out his or her review of the decision; and (c) may require the person who asked for the review, at that person’s expense, to undertake any other tests, examinations, or re-examinations conducted by any suitably qualified and experienced person, or to provide any medical information, as the convener considers reasonably necessary to carry out his or her review of the decision; and (d) must receive and consider the relevant evidence provided under subsection (6). (4) The convener must, as soon as practicable, report the results of his or her review to the Director in writing. (5) The Director must, within 10 working days of receiving the convener’s report, implement the results of the decision contained within the convener’s report or, if the Director does not implement the convener’s report, notify the licence holder or applicant, in writing, of the Director’s reasons for not doing so. (6) The licence holder or applicant or Director may, either directly or through his or her medical experts, participate in the review process by providing relevant evidence to the convener regarding any medical matter at issue with respect to the decision that is under review. (7) The convener may not review a decision made by the Director if the convener— (a) acted as an aviation examiner or medical examiner of the person requesting the review with respect to that person’s application for a medical certificate; or (b) has any other conflict of interest with respect to the per-son’s medical certificate. (8) Any decision by the Director under review by the convener remains in force until the Director makes a final decision under subsection (5). Section 27L: inserted, on 1 April2002, by section 5 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87). 27M Referral to convener by agreement (1) An application for a medical certificate may, by agreement in writing between the Director and the applicant, be referred to the convener for advice before the Director makes a decision on the application. (2) If an application is referred to the convener under subsection (1),— (a) the deadline imposed on the Director under section 27B(1) does not apply; and (b) the convener must,— (i) as soon as practicable, assess the application; and (ii) draw on the advice and expertise of at least 1 person who the convener is satisfied is suitably qualified and experienced to assist the convener in his or her assessment of the application; and (iii) require the applicant, at the applicant’s expense, to undertake any tests, examinations, or re-examinations conducted by any suitably qualified and experienced person, or to provide any medical information, that the convener considers reasonably necessary to carry out his or her assessment of the application; and (iv) have regard to the purpose and scheme of the Act and the Director’s duties under the Act when making his or her assessment of the application; and (v) as soon as practicable, report the results of his or her assessment to the Director in writing; and (vi) receive and consider the relevant evidence provided under subsection (5). (3) The Director must, within 10 working days of receiving the convener’s report,— (a) consider the convener’s report; and (b) make his or her decision in writing; and (c) provide to the applicant— (i) a copy of the convener’s report; and (ii) a copy of the Director’s decision. (4) If an application is referred to the convener under this section, the applicant may not ask the convener to review the Director’s eventual decision. (5) The applicant or Director may, either directly or through his or her medical experts, participate in the convener’s assessment of the application by providing relevant evidence to the convener regarding any medical matter at issue with respect to that application. (6) The convener may not assess the application if the convener— (a) acted as an aviation examiner or medical examiner of the applicant with respect to that person’s application for a medical certificate; or (b) has any other conflict of interest with respect to the per-son’s medical certificate. Section 27M: inserted, on 1 April2002, by section 5 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87). 27N Delegation of Director’s powers under this Part to medical practitioners who are employees of Authority (1) The Director may, either generally or particularly, delegate to any suitably qualified medical practitioner who is an employee of the Authority any of the Director’s functions and powers under this Part or under the rules relating to medical certification. (2) Every delegation under this section must be in writing. (3) [Repealed] (4) Section 23A applies to a delegation under this section. (5) Any delegation under this section may be made to a suitably qualified medical practitioner who is the holder of a specified office of the Authority. Section 27N: inserted, on 1 April2002, by section 5 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87). Section 27N heading: amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48). Section 27N(1): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48). Section 27N(3): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115). Section 27N(4): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115). Section 27N(5): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48). 27O Delegation of Director’s power under this Part to medical examiners who are not employees of Authority (1) The Director may, either generally or particularly, delegate to any suitably qualified medical examiner who is not an employee of the Authority any of the Director’s functions and powers under this Part or under the rules relating to medical certification other than the power under this Part to revoke medical certificates. (2) Despite subsection (1), the Director must delegate to suitably qualified medical examiners who are not employees of the Authority the power to issue medical certificates to any person who qualifies for a medical certificate under section 27B(1) or who otherwise meets the criteria for a standard medical assessment as prescribed in the rules or by the Minister under section 27Q(3). (3) Every delegation under this section must be in writing. (4) Subject to any general or special directions given or conditions imposed by the Director, any medical examiner to whom any functions or powers are delegated under this section may exercise those functions and powers in the same manner and with the same effect as if they had been conferred or imposed on that person directly by this Act and not by delegation. |
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