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Health Practitioner Regulation National Law Act 2009
sec.159RShow cause process for public statement
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### sec.159R Show cause process for public statement
If a regulatory body proposes to make a public statement about a person, the body must give the person a written notice that includes the following information—
that the body 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 regulatory body, within the reasonable time stated in the notice, about the proposed public statement.
After considering any submission made by the person in accordance with the notice, the regulatory body 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 regulatory body must give written notice of the body’s decision, that includes the following information, to the person—
the decision made by the body;
the reasons for the body’s 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 regulatory body must give the notice to the person—
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.
sch s 159R ins 2022 No. 22 s 100
(sec.159R-ssec.1) If a regulatory body proposes to make a public statement about a person, the body must give the person a written notice that includes the following information— that the body 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 regulatory body, within the reasonable time stated in the notice, about the proposed public statement.
(sec.159R-ssec.2) After considering any submission made by the person in accordance with the notice, the regulatory body 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.159R-ssec.3) The regulatory body must give written notice of the body’s decision, that includes the following information, to the person— the decision made by the body; the reasons for the body’s 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.159R-ssec.4) The regulatory body must give the notice to the person— 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 body proposes to make a public statement about the person;
- (b) the way in which it is proposed to make the public statement;
- (c) the content of the proposed public statement;
- (d) that the person may make written or verbal submissions to the regulatory body, within the reasonable time stated in the notice, about the proposed public statement.
- (a) not to make the public statement; or
- (b) to make the public statement as proposed; or
- (c) to make the public statement in a different way or with different content.
- (a) the decision made by the body;
- (b) the reasons for the body’s decision;
- (c) if the decision is to make the public statement— (i) that the person may appeal against the decision; and (ii) how an application for an appeal may be made; and (iii) the period within which the application must be made.
- (i) that the person may appeal against the decision; and
- (ii) how an application for an appeal may be made; and
- (iii) the period within which the application must be made.
- (i) that the person may appeal against the decision; and
- (ii) how an application for an appeal may be made; and
- (iii) the period within which the application must be made.
- (a) as soon as practicable after the decision is made; and
- (b) if the decision is to make the public statement—at least one business day before the statement is to be made.