Health Care Complaints Act 1993
45BInterim prohibition orders
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45B Interim prohibition orders
45B Interim prohibition orders
(1) The Commission may, during an investigation of a complaint against a relevant health organisation, make an interim prohibition order in relation to the relevant health organisation.
(2) The Commission may make an interim prohibition order only if—
(a) it has a reasonable belief that the relevant health organisation has breached a code of conduct for relevant health organisations, and
(b) it is of the opinion that—
(i) the relevant health organisation poses a serious risk to the health or safety of members of the public, and
(ii) the making of an interim prohibition order is necessary to protect the health or safety of members of the public.
(3) An interim prohibition order may do one or both of the following—
(a) prohibit the relevant health organisation from providing health services or specified health services,
(b) place conditions the Commission thinks appropriate on the provision of health services or specified health services by the relevant health organisation.
(4) An interim prohibition order remains in force for a period of 8 weeks or, if a shorter period is specified in the order, the shorter period.
(5) The Commission must notify the relevant health organisation of its decision to make an interim prohibition order and provide the relevant health organisation 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.