56AACMaking of prohibition orders

56AAC Making of prohibition orders

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

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

(a) prohibiting the health care worker from providing all or part of the health services that were the subject of the investigation for a period specified in the order, or indefinitely;

(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 that were the subject of the investigation, for a specified period, or indefinitely.

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

(a) the Commissioner is satisfied 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 prohibition 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)  The Commissioner may at any time vary or revoke a prohibition order.

(4)  A prohibition order takes effect on the service of the order on the health care worker to whom it applies.

(5)  A person who contravenes a prohibition order is guilty of an offence.

Penalty:  Fine not exceeding 150 penalty units or a term of imprisonment not exceeding one year, or both.