56AADCommissioner to provide details of action taken

56AAD Commissioner to provide details of action taken

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

(1)  If the Commissioner makes a prohibition order, the Commissioner must, as soon as practicable after the prohibition order is made, provide the health care worker to whom the order applies with a written statement of decision –

(a) setting out the Commissioner's findings on significant questions of fact and including a copy of the prohibition order; and

(b) referring to any evidence or other material on which the findings of fact were based; and

(c) giving the reason, or reasons, for making the prohibition order.

(2)  Subject to subsections (3) and (4) , the Commissioner –

(a) in the case of a prohibition order made as the result of a complaint, must provide a copy of the statement of decision referred to in subsection (1) to the complainant; and

(b) must provide a copy of the statement of decision referred to in subsection (1) to any professional body or association that the Commissioner considers to be relevant to the health care worker or to the area of practice to which the action relates; and

(c) may publish the statement of decision referred to in subsection (1) , or parts of the statement, in a manner, and in any publication, that the Commissioner considers appropriate.

(3)  The Commissioner may remove from a statement of decision that is provided to a person or body, or made publicly available, under subsection (2) , any material that it considers to be confidential information.

(4)  When confidential material is not included in a statement of decision, the statement should indicate that the material has been removed.

(5)  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.