56AAEPublic warning statements

56AAE Public warning statements

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

(1)  As soon as practicable after completing an investigation, the Commissioner may prepare a statement (public warning statement) if the Commissioner reasonably believes that –

(a) a person has suffered, or is likely to suffer, a detriment as a result of the provision of the health service by the health care worker; and

(b) it is necessary to publish the statement 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.

(2)  A public warning statement is to include –

(a) the name of the health care worker; and

(b) any warnings and other information that the Commissioner considers appropriate in relation to the health services provided by the health care worker.

(3)  As soon as practicable after preparing a public warning statement, the Commissioner is to –

(a) advise the health care worker of the Commissioner's intention to publish the statement; and

(b) provide the health care worker with a copy of the statement.

(4)  Within 14 days after being provided with a copy of the statement, the health care worker may lodge with the Commissioner a notice disputing the statement or requesting changes to it.

(5)  After the expiration of the period referred to in subsection (4) , the Commissioner may decide to –

(a) withdraw the public warning statement; or

(b) publish the public warning statement with amendments; or

(c) publish the public warning statement without amendment.