27C Changes in medical condition of licence holder

(1)

Subject to any directions that the Director may issue under section 27G(1)(b), if a licence holder is aware of, or has reasonable grounds to suspect, any change in his or her medical condition or the existence of any previously undetected medical condition that may interfere with the safe exercise of the privileges to which his or her medical certificate relates, the licence holder—

(a)

must advise the Director of the change as soon as practicable; and

(b)

may not exercise the privileges to which the licence holder’s medical certificate relates.

(2)

Subject to any directions that the Director may issue under section 27G(1)(b), if an aviation examiner or medical examiner or operator is aware of, or has reasonable grounds to suspect, any change in the medical condition of a licence holder or the existence of any previously undetected medical condition in the licence holder that may interfere with the safe exercise of the privileges to which the licence holder’s medical certificate relates, the aviation examiner or medical examiner or operator must advise both the licence holder and the Director of the change as soon as practicable.

(3)

Subject to any directions that the Director may issue under section 27G(1)(b), if a medical practitioner has reasonable grounds to believe that a person is a licence holder and is aware, or has reasonable grounds to suspect, that the licence holder has a medical condition that may interfere with the safe exercise of the privileges to which the licence holder’s medical certificate relates, the medical practitioner must, as soon as practicable,—

(a)

inform the licence holder that the Director will be advised of the condition; and

(b)

advise the Director of the condition.

(4)

An aviation examiner or medical examiner or a medical practitioner is not subject to any civil or criminal liability for—

(a)

doing an indemnified act in good faith in the course of carrying out his or her functions under this Part; or

(b)

doing an indemnified act in good faith in the course of answering any questions put to him or her by the Director that—

(i)

concern a licence holder; and

(ii)

are relevant to any action the Director may take under this Part.

(5)

In this section, indemnified act means any of the following acts:

(a)

advising the Director, whether in writing or otherwise, that a licence holder—

(i)

may not meet the medical standards prescribed in the rules; or

(ii)

may be unable to exercise safely the privileges to which the licence holder’s medical certificate relates:

(b)

expressing to the Director, whether in writing or otherwise, an opinion that the licence holder who the aviation examiner or medical examiner or medical practitioner has examined or treated may be unable to exercise safely the privileges to which the licence holder’s medical certificate relates because of—

(i)

illness or any bodily or mental infirmity, defect, incapacity, or risk of incapacity suffered by the licence holder; or

(ii)

the effect on the licence holder of treatment for any illness, infirmity, defect, incapacity, or risk of incapacity:

(c)

stating to the Director, whether in writing or otherwise,—

(i)

the nature of a licence holder’s illness, infirmity, defect, incapacity, or risk of incapacity; or

(ii)

the effect on a licence holder of treatment for any illness, infirmity, defect, incapacity, or risk of incapacity.

Section 27C: inserted, on 1 April 2002, by section 5 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).

Section 27C(3): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 27C(4): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 27C(5)(b): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).