45CProhibition orders and public statements

45C Prohibition orders and public statements

45C Prohibition orders and public statements

(1) The Commission may take action under this section if—

(a) it has complied with Division 7 in relation to an investigation of a complaint against a relevant health organisation, and

(b) it finds that the relevant health organisation has breached a code of conduct for relevant health organisations or has been convicted of a relevant offence, and

(c) it is of the opinion that the relevant health organisation 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 one or both of the following—

(a) make a prohibition order that does one or more of the following—

(i) prohibits the relevant health organisation from providing health services or specified health services for the period specified in the order or permanently,

(ii) places conditions the Commission thinks appropriate on the provision of health services or specified health services by the relevant health organisation for the period specified in the order or permanently,

Note—

Section 102(3) of the Public Health Act 2010 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 relevant health organisation and health services provided by the relevant health organisation.

(3) The Commission may revoke or revise a statement issued under subsection (2)(b).

(4) In this section—

relevant offence means—

(a) an offence under the Private Health Facilities Act 2007, or

(b) an offence under Part 7 of the Public Health Act 2010, or

(c) an offence under the Fair Trading Act 1987 or the of the Commonwealth that relates to the provision of health services.