132Commissioner may make prohibition order

132 Commissioner may make prohibition order

(1) Subject to section 133, after conducting an investigation about an unregistered disability worker, the Commissioner may make a prohibition order—

(a) prohibiting the disability worker from providing all disability services or specified disability services, for a specified period or permanently; or

(b) imposing conditions that the Commissioner is satisfied are appropriate on the provision of disability services by the disability worker, either permanently or for the period specified by the Commissioner in the order.

(2) A 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 prohibition order is made, the Commissioner must serve a written copy of the 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 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—

(i) a copy of the prohibition order; and

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

(iii) a notice setting out the grounds referred to in section 133 in relation to which the prohibition order was made; and

(iv) any other information relevant to the Commissioner being satisfied as to the serious risk referred to in section 133.