56AABMaking of interim prohibition orders

56AAB Making of interim prohibition orders

[Section 56AAB of Part 6 Inserted by No. 19 of 2018, s. 11, Applied:31 Dec 2024]

(1)  Subject to subsection (2) , the Commissioner may, at any time during the investigation of a complaint against a health care worker, make an order (interim prohibition order) doing one or both of the following:

(a) prohibiting the health care worker from providing all or part of the health services being investigated;

(b) imposing any conditions that the Commissioner is satisfied are appropriate on the provision by the health care worker of all or part of the health services being investigated.

(2)  The Commissioner must not make an interim prohibition order unless –

(a) the Commissioner reasonably believes that the health care worker has –

(i) breached a code of conduct applying to the health services being provided; or

(ii) previously had his or her registration under the Health Practitioner Regulation National Law (Tasmania) cancelled; or

(iii) been convicted or found guilty of a prescribed offence; and

(b) the Commissioner is satisfied that it is necessary to make the order to avoid an immediate risk to –

(i) the life, health, safety or welfare of a person; or

(ii) the health, safety or welfare of the public.

(3)  An interim prohibition order remains in force for a period of 12 weeks or a shorter period as may be specified in the order.

(4)  The Commissioner may, at any time before the expiry of an interim prohibition order, renew, vary or revoke the order.

(5)  An interim prohibition order takes effect on the service of the order on the health care worker to whom it applies.

(6)  The Commissioner must notify the health care worker of the decision to make an interim prohibition order, and provide the health care worker with a written statement of decision, as soon as practicable after the decision is made.