sec.58AVarying particular immediate registration action on health ombudsman’s own initiative

sec.58A Varying particular immediate registration action on health ombudsman’s own initiative

This section applies if, at any time after a decision to take immediate registration action in relation to a registered health practitioner, there is a material change in relation to the matter giving rise to the immediate registration action. However, this section does not apply if the immediate registration action is accepting an undertaking from the registered health practitioner. The health ombudsman may vary the immediate registration action only if— the health ombudsman reasonably believes the material change justifies varying the decision made; and the variation is on the grounds mentioned in section 58 . The health ombudsman varies an immediate registration action that suspended the registration of a health practitioner, to another immediate registration action that places conditions on the practitioner’s registration so that the person can not have direct patient contact. If the health ombudsman makes a decision (the variation decision ) to vary the immediate registration action, sections 59 to 65 , 94 and 279 apply to the variation decision as if it were, to the extent of the variation, a decision to take immediate registration action. s 58A ins 2017 No. 32 s 66 amd 2022 No. 22 s 8 (sec.58A-ssec.1) This section applies if, at any time after a decision to take immediate registration action in relation to a registered health practitioner, there is a material change in relation to the matter giving rise to the immediate registration action. (sec.58A-ssec.2) However, this section does not apply if the immediate registration action is accepting an undertaking from the registered health practitioner. (sec.58A-ssec.3) The health ombudsman may vary the immediate registration action only if— the health ombudsman reasonably believes the material change justifies varying the decision made; and the variation is on the grounds mentioned in section 58 . The health ombudsman varies an immediate registration action that suspended the registration of a health practitioner, to another immediate registration action that places conditions on the practitioner’s registration so that the person can not have direct patient contact. (sec.58A-ssec.4) If the health ombudsman makes a decision (the variation decision ) to vary the immediate registration action, sections 59 to 65 , 94 and 279 apply to the variation decision as if it were, to the extent of the variation, a decision to take immediate registration action.

• (a) the health ombudsman reasonably believes the material change justifies varying the decision made; and
• (b) the variation is on the grounds mentioned in section 58 .