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 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 appropriate 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 .

"relevant offence" means--

(a) an offence under Part 7 of the Public Health Act 2010 , or

(b) an offence under the Fair Trading Act 1987 or the Competition and Consumer Act 2010 of the Commonwealth that relates to the provision of health services.