New South Wales Consolidated Acts

HEALTH CARE COMPLAINTS ACT 1993 - SECT 41AA

41AA Interim prohibition orders

(1) The Commission may, during any investigation of a complaint against an unregistered health practitioner, make an order (an "interim prohibition order") in respect of the unregistered health practitioner.

(2) The Commission may make an interim prohibition order only if:

(a) it has a reasonable belief that the health practitioner has breached a code of conduct for unregistered health practitioners, and

(b) it is of the opinion that:

(i) the health practitioner poses a serious risk to the health or safety of members of the public, and

(ii) the making of an interim prohibition order is necessary to protect the health or safety of members of the public.

(3) An interim prohibition order may do one or both of the following:

(a) prohibit the health practitioner from providing health services or specified health services,

(b) place such conditions as the Commission thinks appropriate on the provision of health services or specified health services by the health practitioner.

(4) An interim prohibition order remains in force for a period of 8 weeks or such shorter period as may be specified in the order.

(5) The Commission must notify the health practitioner of its decision to make an interim prohibition order and provide the health practitioner with a written statement of the decision that sets out the grounds on which the decision was made as soon as practicable after the decision is made.

(6) In this section, "code of conduct for unregistered health practitioner" s means a code of conduct prescribed by regulations under section 10AM of the Public Health Act 1991 .