96Matters to be considered for making prohibition order

96 Matters to be considered for making prohibition order

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

(a) unless—

(i) the Commissioner is satisfied that the general health service provider has contravened a code of conduct applying to the general health service; or

S. 96(1)(a)(ii) amended by No. 38/2018 s. 288(13).

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

S. 96(1)(a)(iii) inserted by No. 38/2018 s. 288(14).

(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. 96(2) inserted by No. 38/2018 s. 288(15).

(2) The Commissioner must not make a prohibition order in relation to a person referred to in section 95(1A) unless the Commissioner is satisfied that it is necessary to make the order to avoid a serious risk to—