sec.90ABShow cause process for public statement

sec.90AB Show cause process for public statement

If the health ombudsman proposes to make a public statement about a person, the health ombudsman must give the person a notice that includes the following information— that the health ombudsman proposes to make a public statement about the person; the way in which it is proposed to make the public statement; the content of the proposed public statement; that the person may make written or verbal submissions to the health ombudsman, within the reasonable period stated in the notice, about the proposed public statement. After considering any submission made by the person in accordance with the notice, the health ombudsman must decide— not to make the public statement; or to make the public statement as proposed; or to make the public statement in a different way or with different content. The health ombudsman must give notice of the decision, that includes the following information, to the person— the decision; the reasons for the decision; if the decision is to make the public statement— that the person may appeal against the decision; and how an application for an appeal may be made; and the period within which the application must be made. The notice must be given— as soon as practicable after the decision is made; and if the decision is to make the public statement—at least one business day before the statement is to be made. s 90AB ins 2022 No. 22 s 20 (sec.90AB-ssec.1) If the health ombudsman proposes to make a public statement about a person, the health ombudsman must give the person a notice that includes the following information— that the health ombudsman proposes to make a public statement about the person; the way in which it is proposed to make the public statement; the content of the proposed public statement; that the person may make written or verbal submissions to the health ombudsman, within the reasonable period stated in the notice, about the proposed public statement. (sec.90AB-ssec.2) After considering any submission made by the person in accordance with the notice, the health ombudsman must decide— not to make the public statement; or to make the public statement as proposed; or to make the public statement in a different way or with different content. (sec.90AB-ssec.3) The health ombudsman must give notice of the decision, that includes the following information, to the person— the decision; the reasons for the decision; if the decision is to make the public statement— that the person may appeal against the decision; and how an application for an appeal may be made; and the period within which the application must be made. (sec.90AB-ssec.4) The notice must be given— as soon as practicable after the decision is made; and if the decision is to make the public statement—at least one business day before the statement is to be made.

• (a) that the health ombudsman proposes to make a public statement about the person;