13. Review
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(1) Subject to subregulation (2), a seafarer —
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(a) who has served at sea on a Saint Lucian ship at any time during the 2 years immediately preceding the date on which these Regulations come into operation; or
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(b) who has held a valid medical fitness certificate at any time during the 2 years immediately preceding an assessment of not fit or suspension or cancellation of a medical fitness certificate,
who is aggrieved by the assessment of a recognized duly qualified medical practitioner or the suspension of a medical fitness certificate for a period of more than 3 months or cancellation of a medical fitness certificate under regulation 12, may apply to the Director or if the Director so directs, the Registrar, for the matter to be reviewed by a medical referee appointed by the Director.
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(2) An application for a review must —
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(a) be made in the form set out in Schedule 6;
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(b) be submitted within one month of the date on which the seafarer is given notice of the refusal, imposition of a restriction, suspension or cancellation of a medical fitness certificate, or such longer period as the Director determines, where the delay is caused by the seafarer's employment onboard ship away from Saint Lucia; and
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(c) include the applicant's consent for the recognized duly qualified medical practitioner responsible for the assessment of fitness, suspension or cancellation of a medical fitness certificate to provide a report to the medical referee, and specify the name and address of that practitioner.
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(3) The medical referee to whom the matter is referred by the Director or if the Director so directs, the Registrar, shall —
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(a) obtain a report from the recognized duly qualified medical practitioner by whom the applicant was examined and shall examine the medical condition of the applicant;
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(b) where the applicant so requests, disclose to the applicant the report of the recognized duly qualified medical practitioner and any other evidence not produced by the applicant himself, but such disclosure is not required to be made, where the medical referee considers that disclosure would be harmful to the applicant's health;
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(c) have regard to any relevant medical evidence, whether produced by the applicant, his or her employer, or otherwise, and whether or not disclosed as aforesaid.
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(4) In the light of the medical evidence before him or her, the medical referee shall, where he or she considers that the applicant is fit having regard to the medical standards referred to in regulation 7, issue to the applicant, a medical fitness certificate.
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(5) Where the medical referee considers that restrictions should be imposed as to capacity or geographical area other than those imposed on the medical fitness certificate issued to the applicant or that any restrictions so imposed should be deleted or varied, he shall issue to the applicant, a revised medical fitness certificate and the former medical fitness certificate ceases to have effect and in any other case, he or she shall notify the applicant of his or her decision.
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(6) An action by the medical referee under subregulation (4) or (5) shall be taken not later than 2 months from the date on which the application for review is submitted to the Director or if the Director so directs, the Registrar, who shall notify the medical referee of the date, or within such longer period as the Director determines.