New South Wales Consolidated Acts

HEALTH CARE COMPLAINTS ACT 1993 - SECT 41B

41B Commission to provide details of its decision to make prohibition order

(1) If the Commission makes any of the following decisions in respect of a health practitioner under section 41A, it must provide the health practitioner with a written statement of the decision as soon as practicable after the decision is made--

(a) a decision that the health practitioner has breached a code of conduct for non-registered health practitioners,

(b) a decision to make a prohibition order in respect of the health practitioner,

(c) a decision to issue, revoke or revise a public statement about the health practitioner under section 41A.

(2) The statement of a decision must--

(a) set out any findings on material questions of fact, and

(b) refer to any evidence or other material on which the findings were based, and

(c) give the reasons for the decision.

(3) The Commission, subject to subsections (4) and (5)--

(a) must provide a statement of the decision to the complainant, and

(b) must provide a statement of the decision to any professional body or association that the Commission considers to be relevant to the health practitioner or to the area of practice to which the complaint relates, and

(c) may make a statement of the decision publicly available.

(4) The Commission may remove from a statement of a decision that is provided to a person or body, or made publicly available, under subsection (3), any material that it considers to be confidential information.

(5) When confidential material is not included in the statement of a decision the statement should indicate that such material has been removed.

(6) This section does not affect the power of a court to make an order for the discovery of documents or to require the giving of evidence or the production of documents to a court.

(7) In this section--

"confidential information" means information that--

(a) has not previously been published or made available to the public when a written statement of a decision to which it is or may be relevant is being prepared, and

(b) relates to the personal or business affairs of a person, other than the person to whom the Commission is required to provide the written statement of the decision, and

(c) is information--

(i) that was supplied in confidence, or

(ii) the publication of which would reveal a trade secret, or

(iii) that was provided in compliance with a duty imposed by or under an Act, or

(iv) the provision of which by the Commission would be in breach of an Act or law.