130Commissioner may make interim prohibition order

130 Commissioner may make interim prohibition order

(1) Subject to section 131, before or during the course of conducting an investigation under Division 2, the Commissioner may make an interim prohibition order—

(a) prohibiting the unregistered disability worker from providing all disability services or specified disability services for up to 12 weeks; or

(b) imposing conditions that the Commissioner is satisfied are appropriate on the provision of disability services by the unregistered disability worker for up to 12 weeks.

(2) An interim prohibition order takes effect on the date specified in the order, being a date after the publication of information in relation to the order required under section 135.

(3) As soon as practicable after the interim prohibition order is made, the Commissioner must serve a written copy of the interim prohibition order on the unregistered disability worker to whom it applies and must include a statement setting out the grounds on which the order is made.

(4) If the Commissioner reasonably believes that the unregistered disability worker to whom the interim prohibition order applies provides, or may provide, health services (within the meaning of the Health Complaints Act 2016), the Commissioner must give the Health Complaints Commissioner—

(a) a copy of the interim prohibition order; and

(b) a copy of any relevant investigation report referred to in section 123; and

(c) a notice setting out the grounds referred to in section 131 in relation to which the interim prohibition order was made; and

(d) any other information relevant to the Commissioner being satisfied as to the serious risk referred to in section 131.