Terms and conditions

The Council is entitled to impose terms and conditions as the Council may specify when issuing a telemedicine practising certificate by virtue of section 4(2) of the Act. The conditions which the Council imposes may be varied at any time too pursuant to section 4(3) of the Act. However, such changes and variations to the conditions would invariably cause the aggrieved party to seek a review by the courts if the decision was biased or unfair or he was denied a right to be heard. The provisions in section 4(5) of the Act do appear to be sufficient since it only entitles an aggrieved party to appeal to the Minister in the event of a non-issuance of a practising certificate or a cancellation. Since section 4(5) is specific and does not make any mention or reference of the rights of an aggrieved person in the event of changes being made to the conditions of his practising certificate, he would not be able to rely on section 4(5) to make an appeal. Instead, he must proceed to court for a judicial review. In this circumstance, the aggrieved party is most likely to seek an order for certiorari. In seeking such an order, he should apply for leave of the court within 6 weeks of the date of the decision which he seeks to quash as illustrated in the case of Mersing Omnibus Co. Sdn Bhd v. Minister of Labour and Manpower.