41AProhibition orders and public statements

#### 41A Prohibition orders and public statements 41A Prohibition orders and public statements > > (1) The Commission may take action under this section if— > > > > > (a) it has complied with Division 6 with respect to an investigation of a complaint against a health practitioner, and > > > > > (b) it finds that the health practitioner has breached a code of conduct for non-registered health practitioners or has been convicted of a relevant offence, and > > > > > (c) it is of the opinion that the health practitioner poses a risk to the health or safety of members of the public. > > > (2) The action that the Commission may take under this section is either or both of the following— > > > > > (a) make a prohibition order that does any one or more of the following— > > > > > > > (i) prohibits the health practitioner from providing health services or specified health services for the period specified in the order or permanently, > > > > > > > (ii) places such conditions as the Commission thinks appropriate on the provision of health services or specified health services by the health practitioner for the period specified in the order or permanently, > > > > > > Note— > > > > > > Section 102 (3) of the [Public Health Act 2010](/view/html/inforce/current/act-2010-127) provides that it is an offence for a person to provide a health service in contravention of a prohibition order. > > > > > (b) cause a public statement to be issued in a manner determined by the Commission identifying and giving warnings or information about the health practitioner and health services provided by the health practitioner. > > > (3) If the Commission is aware that a person in respect of whom it is proposing to make a prohibition order is a registered health practitioner, the Commission is, before making the prohibition order, to notify the appropriate professional council of the proposed order and give that council an opportunity to make a submission. > > > (4) The Commission may revoke or revise a statement under subsection (2) (b). > > > (5) In this section— > > > > code of conduct for non-registered health practitioners means a code of conduct prescribed by regulations under section 100(1)(a) or (b) of the [Public Health Act 2010](/view/html/inforce/current/act-2010-127). > > > > relevant offence means— > > > > > (a) an offence under Part 7 of the [Public Health Act 2010](/view/html/inforce/current/act-2010-127), or > > > > > (b) an offence under the [Fair Trading Act 1987](/view/html/inforce/current/act-1987-068) or the [Competition and Consumer Act 2010](http://www.legislation.gov.au/) of the Commonwealth that relates to the provision of health services. > > **s 41A:** Ins 2006 No 124, Sch 2 \[12\]. Am 2009 No 15, Sch 1.3 \[9\]; 2010 No 34, Sch 2.22 \[7\] \[26\]; 2010 No 127, Sch 4.8 \[5\] \[6\]; 2012 No 42, Sch 2.16; 2013 No 24, Sch 2 \[8\]; 2015 No 58, Sch 1.7 \[4\]; 2017 No 50, Sch 2 \[6\]; 2020 No 32, Sch 1\[2\] \[19\]; 2024 No 26, Sch 1\[7\].