95Power to make a prohibition order

95 Power to make a prohibition order

(1) If the Commissioner has conducted an investigation under Part 4 into a possible contravention by a general health service provider of a code of conduct applying to the general health service, the Commissioner may make an order—

(a) prohibiting the general health service provider from providing all or part of the general health service permanently or for the period specified by the Commissioner in the order; or

(b) imposing the conditions that the Commissioner is satisfied are appropriate on the provision of all or part of the general health service by the general health service provider, either permanently or for the period specified by the Commissioner in the order.

S. 95(1A) inserted by No. 38/2018 s. 288(10).

(1A) The Commissioner may make an order prohibiting a person who is subject to a prohibition order or interim prohibition order made under the Disability Service Safeguards Act 2018 from providing all or any specified general health services permanently or for the period specified by the Commission in the order if a copy of the prohibition order or interim prohibition order made under the Disability Service Safeguards Act 2018 was given to the Commission under section 130(2)(b) or 132(2)(b) of that Act.

S. 95(2) amended by No. 38/2018 s. 288(11).

(2) As soon as possible after the order is made, the Commissioner must serve a written copy of the order on the person to whom it applies.

S. 95(3) amended by No. 38/2018 s. 288(11).

(3) An order under this section takes effect on the service of the order on the person to whom it applies.

S. 95A inserted by No. 38/2018 s. 290.