Western Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

HEALTH AND DISABILITY SERVICES (COMPLAINTS) ACT 1995 - SECT 52B

52B .         Director may make interim prohibition order

        (1)         This section applies if the Director is, in an investigation under this Act, investigating whether or not a health care worker has failed to comply with a code of conduct applying to the health care worker.

        (2)         The Director may make an order (an interim prohibition order ) in relation to the health care worker —

            (a)         prohibiting the health care worker from providing any health service, or a health service specified in the order, for a period, of not more than 12 weeks, specified in the order; or

            (b)         imposing any conditions the Director considers appropriate on the provision of any health service, or a health service specified in the order, by the health care worker for a period, of not more than 12 weeks, specified in the order.

        (3)         The Director must not make an interim prohibition order in relation to a health care worker unless —

            (a)         either —

                  (i)         the Director reasonably believes that the health care worker has failed to comply with a code of conduct applying to the health care worker; or

                  (ii)         the health care worker has been convicted of a prescribed offence;

                and

            (b)         the Director is satisfied that it is necessary to make the interim prohibition order 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.

        (4)         The Director may, on the expiration of the period specified in the interim prohibition order under subsection (2)(a) or (b), make another interim prohibition order in relation to the health care worker.

        [Section 52B inserted: No. 35 of 2022 s. 28.]



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback