HEALTH CARE COMPLAINTS ACT 1993 - SECT 41A
Prohibition orders and public statements
HEALTH CARE COMPLAINTS ACT 1993 - SECT 41A
Prohibition orders and public statements
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
non-registered health practitioners or has been convicted of a relevant
offence, and
(c) it is of the opinion that the health practitioner poses a
risk to the health or safety 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 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 102 (3) of the Public Health Act 2010 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 a registered health practitioner, the Commission
is, before making the prohibition order, to notify the relevant professional
council of the proposed order and give that council 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 non-registered health practitioners" means a code of
conduct prescribed by regulations under section 100(1)(a) or (b) of the
Public Health Act 2010 .
