Health Care Complaints Act 1993
45DCommission to provide details of decision to make prohibition order
Start here
Get a plain-English read of 45D
Turn the raw legal text into a practical explanation grounded in Health Care Complaints Act 1993.
45D Commission to provide details of decision to make prohibition order
45D Commission to provide details of decision to make prohibition order
(1) If the Commission makes any of the following decisions in relation to a relevant health organisation under section 45C, it must provide the relevant health organisation with a written statement of the decision as soon as practicable after the decision is made—
(a) a decision that the relevant health organisation has breached a code of conduct for relevant health organisations,
(b) a decision to make a prohibition order in relation to the relevant health organisation,
(c) a decision to issue, revoke or revise a public statement about the relevant health organisation under section 45C.
(2) The statement of a decision must—
(a) set out all findings on material questions of fact, and
(b) refer to all evidence or other material on which the findings were based, and
(c) give the reasons for the decision.
(3) Subject to subsections (4) and (5), the Commission—
(a) must provide a statement of the decision to the complainant, if any, and
(b) may provide a statement of the decision to a professional body or association that the Commission considers to be relevant to the relevant health organisation 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) material that it considers to be confidential information.
(5) If confidential material is not included in the statement of a decision the statement should indicate that confidential 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—