South Australian Numbered Acts

HEALTH AND COMMUNITY SERVICES COMPLAINTS (MISCELLANEOUS) AMENDMENT ACT 2018 (NO 37 OF 2018) - SECT 12

12—Amendment of section 56B—Interim action

        (1)         Section 56B(1) and (2)—delete subsections (1) and (2) and substitute:

        (1)         The Commissioner may act under this section if—

            (a)         an investigation has been commenced under this Part in relation to a person who has provided a health service; and

            (b)         the Commissioner has a reasonable belief that the person has—

                  (i)         breached a prescribed code of conduct under section 56A that applies to the person; or

                  (ii)         committed a prescribed offence; and

            (c)         in the opinion of the Commissioner action under this section is necessary to protect the health or safety of members of the public.

        (2)         The Commissioner may, in acting under this section in relation to a person—

            (a)         make an order prohibiting the person from doing 1 or more of the following for a period of 12 weeks or such shorter period as may be specified in the order:

                  (i)         providing health services or specified health services;

                  (ii)         offering, advertising or otherwise promoting health services or specified health services (including where those services may be provided by another person);

                  (iii)         holding themselves out or otherwise promoting themselves as a provider of health services or specified health services;

                  (iv)         providing advice in relation to the provision of health services or specified health services (including where those services may be provided by another person); and

            (b)         make an order imposing such conditions as the Commissioner considers appropriate on the provision of health services, or specified health services, by the person for a period of 12 weeks or shorter period as may be specified in the order; and

            (c)         publish a public statement, in a manner determined by the Commissioner, identifying the person and giving warnings or such other information as the Commissioner considers appropriate in relation to the health services, or specified health services, provided by the person.

        (2)         Section 56B(3)—after "order" insert:

or public statement

        (3)         Section 56B(4)—delete "prescribed health service provider" and substitute:

person to whom the order relates