45DCommission to provide details of decision to make prohibition order

#### 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— > > > > > (a) has not previously been published or made available to the public when a written statement of a decision to which it is or may be relevant is being prepared, and > > > > > (b) relates to the personal or business affairs of a person, other than the person to whom the Commission is required to provide the written statement of the decision, and > > > > > (c) is information— > > > > > > > (i) that was supplied in confidence, or > > > > > > > (ii) the publication of which would reveal a trade secret, or > > > > > > > (iii) that was provided in compliance with a duty imposed by or under an Act, or > > > > > > > (iv) the provision of which by the Commission would be in breach of an Act or law.