Concept of Code of Practice
15 Concept of Code of Practice
The Code of Practice shall be divided into Parts, as follows —
Part 1 — which shall set out the Rules which, subject to section 16, are to have effect as subsidiary legislation and may also set out or refer to conditions that may be imposed on a licence —
generally, by regulations or by directions published under section 35(1); or
specifically, by reference to the appropriate Rule in, or in a subsequent direction relating to or endorsement on, that particular licence;
and
Part 2 — containing guidelines, either specifically published by the Council or referred to in accordance with section 60, which —
set out the ethics and relevant professional information as to the practices that should govern, and the procedures to be used in and the services to be provided in relation to, the conduct of reproductive technology; and
set out specific terms which are there defined or identified as intended to describe the medical detail or circumstances applicable to a condition or direction that may be imposed in respect of a practice, procedure or licence of a particular kind;
and
Part 3 — containing notices and other ancillary information that the Council authorises for circulation.
In so far as is practicable, a Rule shall be expressed in terms likely to be understandable by persons not medically qualified but may, where it is necessary to explain or enlarge upon those terms, contain or refer to medical or other detail either explicitly, by a reference complying with section 60(3), or by reference to —
appropriate terms specifically defined in the guidelines contained in Part 2 of the Code; or
a description, text or requirement included or referred to in those guidelines.
The Rules may provide that where a person is convicted of a specified offence under this Act the licence of that person, or any exemption held by that person, shall, with immediate mandatory effect and notwithstanding any appeal that may be lodged, be thereby deemed to be —
cancelled; or
otherwise affected in a manner specified in the Rules;
and effect shall be given to any such Rule but without prejudice to the conduct of any disciplinary action that may be brought under section 38 in relation to the facts disclosed at the proceedings for that offence.
In any proceedings under this Act —
the Code, and any particular provision of the Code, shall be an admissible document; and
where it is alleged that a person has contravened this Act —
a failure to comply with the Rules may be relied on as establishing liability; and
a failure to have regard to the guidelines under the Code may be relied on as tending to establish liability; and
proof of compliance with the guidelines may be relied on as tending to negative liability,
but, notwithstanding that the failure on the part of a person to comply with the Code may not be the subject of any such proceedings, the CEO in considering any application may, at discretion, take into account any alleged tendency on the part of the applicant not to have regard to the guidelines.
[Section 15 amended: No. 55 of 2004 s. 540; No. 28 of 2006 s. 270(1).]
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