Health (Assisted Human Reproduction) Act 2024

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Matters to be considered in determining sanctions to be imposed

188. (1) The AHRRA or the High Court, as appropriate, in considering—

(a) the minor sanction or major sanction to be imposed on a holder pursuant to section 183 (4)(a), or

(b) the minor sanction (if any) or major sanction (if any) to be imposed on a holder pursuant to a decision confirmed or given under section 185 (3) or 186 (2),

shall take into account the circumstances of the relevant contravention concerned (including the factors occasioning it).

(2) Without prejudice to the generality of subsection (1), the AHRRA or the High Court, as appropriate, may, in relation to the holder of the licence concerned, have regard to—

(a) the need to ensure that any sanction imposed—

(i) is appropriate and proportionate to the relevant contravention, and

(ii) if applicable, will act as a sufficient incentive to ensure that any like relevant contravention will not occur in the future,

(b) the seriousness of the relevant contravention,

(c) the extent of any failure by the holder to co-operate with the investigation concerned of the holder,

(d) any excuse or explanation by the holder for the relevant contravention or failure to co-operate with the investigation concerned,

(e) the duration of the relevant contravention,

(f) the repeated occurrence of relevant contraventions by the holder,

(g) if applicable, the continuation of the relevant contravention after the holder was notified of the investigation concerned,

(h) if applicable, the absence, ineffectiveness or repeated failure of internal mechanisms or procedures of the holder intended to prevent relevant contraventions from occurring,

(i) if applicable, the extent and timeliness of any steps taken to end the relevant contravention and any steps taken for remedying the consequences of the relevant contravention, and

(j) any precedents set by a court, the AHRRA or another person in respect of previous relevant contraventions.