sec.279Notice to employers about particular serious matters

sec.279 Notice to employers about particular serious matters

This section applies if the health ombudsman— takes immediate action in relation to a health practitioner under part 7 ; or investigates a health service complaint or other matter concerning a health practitioner under part 8 because the health ombudsman considers— the practitioner may have behaved in a way that constitutes professional misconduct; or another ground may exist for the suspension or cancellation of the practitioner’s registration; or a ground may exist for the health ombudsman to make an interim prohibition order, or a prohibition order, against the practitioner; or issues a prohibition order to a health practitioner under part 8A , division 2 ; or varies a prohibition order issued to a health practitioner under part 8A , division 3 . The health ombudsman must give notice of the action mentioned in subsection (1) to each person who the health ombudsman believes is an employer of the health practitioner. The health ombudsman may also give notice of the action mentioned in subsection (1) to— a person who the health ombudsman believes has previously been an employer of the health practitioner; or other health practitioners with whom the health practitioner shares premises, if the practitioner— is self-employed; and shares the cost of the premises with the other health practitioners; or other health practitioners with whom the health practitioner has previously shared premises, if, at the time the premises were shared, the practitioner— was self-employed; and shared the cost of the premises with the other health practitioners. However, subsections (2) and (3) do not apply to the extent that the health ombudsman reasonably considers giving the notice may— put at serious risk a person’s health or safety; or put a complainant or other person at risk of being harassed or intimidated; or prejudice an investigation or inquiry. Also, the health ombudsman may give notice under subsection (3) (a) or (c) only if the health ombudsman believes that at the time the health practitioner was employed or shared the premises, the practitioner’s health, conduct or performance posed— a risk of harm to a person or a class of persons; or a risk to public health or safety. If, at any time after giving notice to a person under subsection (2) or (3) , the health ombudsman decides to end the immediate action, take no further action in relation to the complaint or other matter the subject of the investigation, or revoke the prohibition order, the health ombudsman must give notice of the decision to the person. s 279 amd 2017 No. 32 s 80 ; 2019 No. 38 s 61 ; 2022 No. 22 s 29 (sec.279-ssec.1) This section applies if the health ombudsman— takes immediate action in relation to a health practitioner under part 7 ; or investigates a health service complaint or other matter concerning a health practitioner under part 8 because the health ombudsman considers— the practitioner may have behaved in a way that constitutes professional misconduct; or another ground may exist for the suspension or cancellation of the practitioner’s registration; or a ground may exist for the health ombudsman to make an interim prohibition order, or a prohibition order, against the practitioner; or issues a prohibition order to a health practitioner under part 8A , division 2 ; or varies a prohibition order issued to a health practitioner under part 8A , division 3 . (sec.279-ssec.2) The health ombudsman must give notice of the action mentioned in subsection (1) to each person who the health ombudsman believes is an employer of the health practitioner. (sec.279-ssec.3) The health ombudsman may also give notice of the action mentioned in subsection (1) to— a person who the health ombudsman believes has previously been an employer of the health practitioner; or other health practitioners with whom the health practitioner shares premises, if the practitioner— is self-employed; and shares the cost of the premises with the other health practitioners; or other health practitioners with whom the health practitioner has previously shared premises, if, at the time the premises were shared, the practitioner— was self-employed; and shared the cost of the premises with the other health practitioners. (sec.279-ssec.4) However, subsections (2) and (3) do not apply to the extent that the health ombudsman reasonably considers giving the notice may— put at serious risk a person’s health or safety; or put a complainant or other person at risk of being harassed or intimidated; or prejudice an investigation or inquiry. (sec.279-ssec.5) Also, the health ombudsman may give notice under subsection (3) (a) or (c) only if the health ombudsman believes that at the time the health practitioner was employed or shared the premises, the practitioner’s health, conduct or performance posed— a risk of harm to a person or a class of persons; or a risk to public health or safety. (sec.279-ssec.6) If, at any time after giving notice to a person under subsection (2) or (3) , the health ombudsman decides to end the immediate action, take no further action in relation to the complaint or other matter the subject of the investigation, or revoke the prohibition order, the health ombudsman must give notice of the decision to the person.