Health Ombudsman Act 2013
sec.90JPower to vary order on application by health practitioner
Start here
Get a plain-English read of sec.90J
Turn the raw legal text into a practical explanation grounded in Health Ombudsman Act 2013.
sec.90J Power to vary order on application by health practitioner
A health practitioner may apply to the health ombudsman to vary a prohibition order issued to the practitioner if there is a material change in relation to the matter giving rise to the issue of the order. An application under subsection (1) must be— in the approved form; and accompanied by any other information reasonably required by the health ombudsman. The health ombudsman must consider the application and decide— to vary the prohibition order in the way requested in the application; or to vary the prohibition order in a way different to the way requested in the application; or not to vary the prohibition order. The health ombudsman may vary the prohibition order only if— there has been a material change in relation to the matter giving rise to the issue of the order; and the health ombudsman reasonably believes the change justifies varying the order; and the variation is on the grounds mentioned in section 90C . s 90J ins 2019 No. 38 s 40 (sec.90J-ssec.1) A health practitioner may apply to the health ombudsman to vary a prohibition order issued to the practitioner if there is a material change in relation to the matter giving rise to the issue of the order. (sec.90J-ssec.2) An application under subsection (1) must be— in the approved form; and accompanied by any other information reasonably required by the health ombudsman. (sec.90J-ssec.3) The health ombudsman must consider the application and decide— to vary the prohibition order in the way requested in the application; or to vary the prohibition order in a way different to the way requested in the application; or not to vary the prohibition order. (sec.90J-ssec.4) The health ombudsman may vary the prohibition order only if— there has been a material change in relation to the matter giving rise to the issue of the order; and the health ombudsman reasonably believes the change justifies varying the order; and the variation is on the grounds mentioned in section 90C .
- (a) in the approved form; and
- (b) accompanied by any other information reasonably required by the health ombudsman.
- (a) to vary the prohibition order in the way requested in the application; or
- (b) to vary the prohibition order in a way different to the way requested in the application; or
- (c) not to vary the prohibition order.
- (a) there has been a material change in relation to the matter giving rise to the issue of the order; and
- (b) the health ombudsman reasonably believes the change justifies varying the order; and
- (c) the variation is on the grounds mentioned in section 90C .