New South Wales Consolidated Acts

HEALTH CARE COMPLAINTS ACT 1993 - SECT 41A

41A Prohibition orders and public statements

(1) The Commission may take action under this section if:

(a) it has complied with Division 6 with respect to an investigation of a complaint against a health practitioner, and

(b) it finds that the health practitioner has breached a code of conduct for unregistered health practitioners or has been convicted of a relevant offence, and

(c) it is of the opinion that the health practitioner poses a substantial risk to the health of members of the public.

(2) The action that the Commission may take under this section is either or both of the following:

(a) make an order (a "prohibition order") that does any one or more of the following:

(i) prohibits the health practitioner from providing health services or specified health services for the period specified in the order or permanently,

(ii) places such conditions as the Commission thinks appropriate on the provision of health services or specified health services by the health practitioner for the period specified in the order or permanently,

Note: Section 10AK (1) of the Public Health Act 1991 provides that it is an offence for a person to provide a health service in contravention of a prohibition order.

(b) cause a public statement to be issued in a manner determined by the Commission identifying and giving warnings or information about the health practitioner and health services provided by the health practitioner.

(3) If the Commission is aware that a person in respect of whom it is proposing to make a prohibition order is registered under a health registration Act, the Commission is, before making the prohibition order, to notify the board constituted under that other Act of the proposed order and give that board an opportunity to make a submission.

(4) The Commission may revoke or revise a statement under subsection (2) (b).

(5) In this section:
"code of conduct for unregistered health practitioners" means a code of conduct prescribed by regulations under section 10AM of the Public Health Act 1991 .
"relevant offence" means:

(a) an offence under Part 2A of the Public Health Act 1991 , or

(b) an offence under the Fair Trading Act 1987 or the Trade Practices Act 1974 of the Commonwealth that relates to the provision of health services.