NSWIn ForceAct
Health Care Complaints Act 1993
41AAInterim prohibition orders
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#### 41AA Interim prohibition orders
41AA Interim prohibition orders
> > (1) The Commission may, during any investigation of a complaint against a non-registered health practitioner, make an interim prohibition order in respect of the non-registered health practitioner.
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> > (2) The Commission may make an interim prohibition order only if—
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> > > (a) it has a reasonable belief that the health practitioner has breached a code of conduct for non-registered health practitioners, and
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> > > (b) it is of the opinion that—
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> > > > (i) the health practitioner poses a serious risk to the health or safety of members of the public, and
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> > > > (ii) the making of an interim prohibition order is necessary to protect the health or safety of members of the public.
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> > (3) An interim prohibition order may do one or both of the following—
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> > > (a) prohibit the health practitioner from providing health services or specified health services,
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> > > (b) place such conditions as the Commission thinks appropriate on the provision of health services or specified health services by the health practitioner.
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> > (4) An interim prohibition order remains in force for a period of 8 weeks or such shorter period as may be specified in the order.
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> > (5) The Commission must notify the health practitioner of its decision to make an interim prohibition order and provide the health practitioner with a written statement of the decision that sets out the grounds on which the decision was made as soon as practicable after the decision is made.
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> > (6) 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).
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> **s 41AA:** Ins 2010 No 34, Sch 2.22 \[25\]. Am 2010 No 127, Sch 4.8 \[4\]; 2015 No 58, Sch 1.7 \[3\] \[4\]; 2020 No 32, Sch 1\[2\] \[18\].