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Health Practitioner Regulation National Law Act 2009
sec.159MVariation of interim prohibition order by responsible tribunal
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### sec.159M Variation of interim prohibition order by responsible tribunal
This section applies if—
a responsible tribunal has extended or substituted an interim prohibition order under section 159K (3) (an extended or substituted interim prohibition order ); and
a regulatory body—
is satisfied a different or additional ground specified in section 159C (1) (a) exists in relation to the person; and
continues to reasonably believe the ground specified in section 159C (1) (b) exists in relation to the person.
A regulatory body may, before the extended or substituted interim prohibition order ends, apply to the responsible tribunal to vary the order.
After hearing an application under subsection (2) , the responsible tribunal may decide—
not to vary the extended or substituted interim prohibition order if the tribunal is not satisfied a different or additional ground specified in section 159C (1) (a) exists in relation to the person; or
to vary the extended or substituted interim prohibition order if the tribunal is satisfied—
a different or additional ground specified in section 159C (1) (a) exists in relation to the person; and
the ground specified in section 159C (1) (b) continues to exist in relation to the person; or
an interim prohibition order is not necessary.
If the responsible tribunal decides an interim prohibition order is not necessary, the order is revoked.
sch s 159M ins 2022 No. 22 s 94
(sec.159M-ssec.1) This section applies if— a responsible tribunal has extended or substituted an interim prohibition order under section 159K (3) (an extended or substituted interim prohibition order ); and a regulatory body— is satisfied a different or additional ground specified in section 159C (1) (a) exists in relation to the person; and continues to reasonably believe the ground specified in section 159C (1) (b) exists in relation to the person.
(sec.159M-ssec.2) A regulatory body may, before the extended or substituted interim prohibition order ends, apply to the responsible tribunal to vary the order.
(sec.159M-ssec.3) After hearing an application under subsection (2) , the responsible tribunal may decide— not to vary the extended or substituted interim prohibition order if the tribunal is not satisfied a different or additional ground specified in section 159C (1) (a) exists in relation to the person; or to vary the extended or substituted interim prohibition order if the tribunal is satisfied— a different or additional ground specified in section 159C (1) (a) exists in relation to the person; and the ground specified in section 159C (1) (b) continues to exist in relation to the person; or an interim prohibition order is not necessary.
(sec.159M-ssec.4) If the responsible tribunal decides an interim prohibition order is not necessary, the order is revoked.
- (a) a responsible tribunal has extended or substituted an interim prohibition order under section 159K (3) (an extended or substituted interim prohibition order ); and
- (b) a regulatory body— (i) is satisfied a different or additional ground specified in section 159C (1) (a) exists in relation to the person; and (ii) continues to reasonably believe the ground specified in section 159C (1) (b) exists in relation to the person.
- (i) is satisfied a different or additional ground specified in section 159C (1) (a) exists in relation to the person; and
- (ii) continues to reasonably believe the ground specified in section 159C (1) (b) exists in relation to the person.
- (i) is satisfied a different or additional ground specified in section 159C (1) (a) exists in relation to the person; and
- (ii) continues to reasonably believe the ground specified in section 159C (1) (b) exists in relation to the person.
- (a) not to vary the extended or substituted interim prohibition order if the tribunal is not satisfied a different or additional ground specified in section 159C (1) (a) exists in relation to the person; or
- (b) to vary the extended or substituted interim prohibition order if the tribunal is satisfied— (i) a different or additional ground specified in section 159C (1) (a) exists in relation to the person; and (ii) the ground specified in section 159C (1) (b) continues to exist in relation to the person; or
- (i) a different or additional ground specified in section 159C (1) (a) exists in relation to the person; and
- (ii) the ground specified in section 159C (1) (b) continues to exist in relation to the person; or
- (c) an interim prohibition order is not necessary.
- (i) a different or additional ground specified in section 159C (1) (a) exists in relation to the person; and
- (ii) the ground specified in section 159C (1) (b) continues to exist in relation to the person; or