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HUMAN RIGHTS COMMISSION ACT 2005 - SECT 94I

Public statement about health care worker or health service

    (1)     The commission may make a public statement in relation to a health care worker if the commission believes on reasonable grounds that there is a serious risk to the health or safety of the public in relation to—

        (a)     a health service provided or offered by the health care worker; or

        (b)     the health care worker being convicted of an offence under any of the following in relation to a health service provided by the health care worker:

              (i)     the Competition and Consumer Act 2010

(Cwlth);

              (ii)     the Fair Trading (Australian Consumer Law) Act 1992

;

              (iii)     the Health Act 1993

, section 127 (Provision of regulated health service by person not health practitioner);

              (iv)     the Health Practitioner Regulation National Law (ACT)

, part 7, division 10;

              (v)     the Public Health Act 1997

.

    (2)     The commission may make a public statement in relation to a health service if the commission believes on reasonable grounds that there is a serious risk to the health or safety of the public arising from the health service.

    (3)     A public statement may be made in any form.

    (4)     A public statement made in relation to a health care worker may include any of the following:

        (a)     the identity of the health care worker;

        (b)     information, including a warning, about—

              (i)     the health care worker; or

              (ii)     the health service provided by the health care worker;

        (c)     if the health care worker provides the health service in connection with a provider—

              (i)     the identity of the provider; and

              (ii)     information, including a warning, about the provider;

        (d)     information contained in a final order made in relation to the health care worker.

    (5)     A public statement made in relation to a health service may contain information, including a warning, about the health service generally.

    (6)     The commission—

        (a)     may vary or withdraw a public statement; and

        (b)     if a statement is varied or withdrawn—must set out the reason for the variation or withdrawal in the same form as the statement was made.



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