41BCommission to provide details of its decision to make prohibition order

41B Commission to provide details of its decision to make prohibition order

41B Commission to provide details of its decision to make prohibition order

(1) If the Commission makes any of the following decisions in respect of a health practitioner under section 41A, it must provide the health practitioner with a written statement of the decision as soon as practicable after the decision is made—

(a) a decision that the health practitioner has breached a code of conduct for non-registered health practitioners,

(b) a decision to make a prohibition order in respect of the health practitioner,

(c) a decision to issue, revoke or revise a public statement about the health practitioner under section 41A.

(2) The statement of a decision must—

(a) set out any findings on material questions of fact, and

(b) refer to any evidence or other material on which the findings were based, and

(c) give the reasons for the decision.

(3) The Commission, subject to subsections (4) and (5)—

(a) must provide a statement of the decision to the complainant, and

(b) must provide a statement of the decision to any professional body or association that the Commission considers to be relevant to the health practitioner or to the area of practice to which the complaint relates, and

(c) may make a statement of the decision publicly available.

(4) The Commission may remove from a statement of a decision that is provided to a person or body, or made publicly available, under subsection (3), any material that it considers to be confidential information.

(5) When confidential material is not included in the statement of a decision the statement should indicate that such material has been removed.

(6) This section does not affect the power of a court to make an order for the discovery of documents or to require the giving of evidence or the production of documents to a court.

(7) In this section—

confidential information means information that—