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HEALTH COMPLAINTS ACT 2016 (NO. 22 OF 2016) - SECT 87

General health service warning statements

    (1)     The Commissioner may publish a statement setting out the name of a general health service provider if the Commissioner has commenced an investigation under Part 4 and the Commissioner reasonably believes that—

        (a)     the general health service provider has contravened a code of conduct applying to the general health service; and

        (b)     it is necessary to publish the statement to avoid an imminent and serious risk to—

              (i)     the life, health, safety or welfare of a person; or

              (ii)     the health, safety or welfare of the public.

    (2)     The Commissioner may publish a statement setting out the name of a general health service provider

        (a)     if—

              (i)     the general health service provider has been convicted or found guilty of a prescribed offence; or

              (ii)     after completing an investigation under Part 4, the Commissioner is satisfied that the general health service provider has contravened a code of conduct applying to the general health service; and

        (b)     the Commissioner reasonably believes that it is necessary to publish the statement to avoid a serious risk to—

              (i)     the life, health, safety or welfare of a person; or

              (ii)     the health, safety or welfare of the public.

    (3)     The Commissioner may set out in a general health warning statement any other details that are reasonably relevant to advise the public of the serious risk identified by the Commissioner.

    (4)     A general health warning statement must be published in a newspaper circulating throughout the State and on the Internet site of the Commissioner.



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