91Matters to be considered for making interim prohibition order

91 Matters to be considered for making interim prohibition order

(1) The Commissioner must not make an interim prohibition order in relation to a general health service provider—

(a) unless—

(i) the Commissioner reasonably believes that the general health service provider has contravened a code of conduct applying to the general health service being provided; or

S. 91(1)(a)(ii) amended by No. 38/2018 s. 288(4).

(ii) the general health service provider has been convicted or found guilty of a prescribed offence; or

S. 91(1)(a)(iii) inserted by No. 38/2018 s. 288(5).

(iii) the general health service provider is subject to a prohibition order or interim prohibition order made under the Disability Service Safeguards Act 2018; and

(b) unless the Commissioner is satisfied that it is necessary to make the order to avoid a serious risk to—

S. 91(2) inserted by No. 38/2018 s. 288(6).

(2) The Commissioner must not make an interim prohibition order in relation to a person referred to in section 90(1A) unless the Commissioner is satisfied that it is necessary to make the order to avoid a serious risk to—

S. 91A inserted by No. 38/2018 s. 289.