Health Ombudsman Act 2013
sec.68AVarying interim prohibition order on health ombudsman’s own initiative
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sec.68A Varying interim prohibition order on health ombudsman’s own initiative
This section applies if, at any time after a decision to issue an interim prohibition order to a health practitioner, there is a material change in relation to the matter giving rise to the issue of the interim prohibition order. The health ombudsman may vary an interim prohibition order 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 68 . The health ombudsman varies an interim prohibition order prohibiting the person from providing a health service to persons under the age of 18, to an interim prohibition order prohibiting the person from providing any health service in a clinical or non-clinical capacity. If the health ombudsman makes a decision (the variation decision ) to vary the interim prohibition order, sections 69 to 76 , 78 , 79 , 94 and 279 apply to the variation decision as if it were, to the extent of the variation, a decision to issue an interim prohibition order. s 68A ins 2017 No. 32 s 70 (sec.68A-ssec.1) This section applies if, at any time after a decision to issue an interim prohibition order to a health practitioner, there is a material change in relation to the matter giving rise to the issue of the interim prohibition order. (sec.68A-ssec.2) The health ombudsman may vary an interim prohibition order 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 68 . The health ombudsman varies an interim prohibition order prohibiting the person from providing a health service to persons under the age of 18, to an interim prohibition order prohibiting the person from providing any health service in a clinical or non-clinical capacity. (sec.68A-ssec.3) If the health ombudsman makes a decision (the variation decision ) to vary the interim prohibition order, sections 69 to 76 , 78 , 79 , 94 and 279 apply to the variation decision as if it were, to the extent of the variation, a decision to issue an interim prohibition order.
- (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 68 .