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](/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 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](/view/html/inforce/current/act-2007-009), or > > > > > (b) an offence under Part 7 of the [Public Health Act 2010](/view/html/inforce/current/act-2010-127), or > > > > > (c) 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.