Health Ombudsman Act 2013
sec.90AAMaking of public statement
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sec.90AA Making of public statement
The health ombudsman may make a public statement about a person if— either of the following applies— the health ombudsman reasonably believes the person is contravening, or has contravened, a relevant provision; the person’s conduct, performance or health is the subject of an assessment under part 5 or an investigation under part 8 ; and the health ombudsman reasonably believes that— because of the person’s conduct, performance or health, the person poses a serious risk to persons; and it is necessary to issue a public statement to protect public health or safety. A public statement made by the health ombudsman may be made in a way the health ombudsman considers appropriate. If the health ombudsman considers it appropriate in the circumstances, the health ombudsman may identify, and give warnings or information about— a person; or a health service provided by a person. No liability is incurred by the health ombudsman for the making of, or for anything done for the purpose of making, a public statement under this section in good faith. In this section— relevant provision means any of the following provisions of the National Law— section 113 ; sections 115 to 119 ; sections 121 to 123 ; section 133 ; section 136 . s 90AA ins 2022 No. 22 s 20 (sec.90AA-ssec.1) The health ombudsman may make a public statement about a person if— either of the following applies— the health ombudsman reasonably believes the person is contravening, or has contravened, a relevant provision; the person’s conduct, performance or health is the subject of an assessment under part 5 or an investigation under part 8 ; and the health ombudsman reasonably believes that— because of the person’s conduct, performance or health, the person poses a serious risk to persons; and it is necessary to issue a public statement to protect public health or safety. (sec.90AA-ssec.2) A public statement made by the health ombudsman may be made in a way the health ombudsman considers appropriate. (sec.90AA-ssec.3) If the health ombudsman considers it appropriate in the circumstances, the health ombudsman may identify, and give warnings or information about— a person; or a health service provided by a person. (sec.90AA-ssec.4) No liability is incurred by the health ombudsman for the making of, or for anything done for the purpose of making, a public statement under this section in good faith. (sec.90AA-ssec.5) In this section— relevant provision means any of the following provisions of the National Law— section 113 ; sections 115 to 119 ; sections 121 to 123 ; section 133 ; section 136 .
- (a) either of the following applies— (i) the health ombudsman reasonably believes the person is contravening, or has contravened, a relevant provision; (ii) the person’s conduct, performance or health is the subject of an assessment under part 5 or an investigation under part 8 ; and