Div 7AInterim prohibition orders

Division 7A—Interim prohibition orders 159B—Definitions interim prohibition order, in relation to an individual named in the order, means an order in relation to any or all of the following— (a) prohibiting the individual from doing either or both of the following— (i) providing a specified health service or all health services; (ii) taking or using a specified title or any title protected under Subdivision 1 of Division 10 of Part 7; (b) imposing restrictions on the provision of a specified health service or all health services by the individual. relevant provision means any of the following provisions— (a) section 113; (b) sections 115 to 119; (c) sections 121 to 123; (d) section 133; (e) section 136. 159C—Issuing of interim prohibition order (1) A regulatory body may issue an interim prohibition order to an unregistered person if— (a) the person— (i) has, in the regulatory body's reasonable belief, contravened a relevant provision; or (ii) is the subject of an assessment, investigation or other proceedings under this Part; and (b) the regulatory body reasonably believes that— (i) the person poses a serious risk to persons; and (ii) it is necessary that the person be subject to an interim prohibition order to protect public health or safety. (2) Subsection (1)(a) extends to an unregistered person who— (a) contravened a relevant provision while the person was a registered health practitioner; or (b) is the subject of an assessment, investigation or other proceedings under this Part in relation to the person's conduct while the person was a registered health practitioner. 159D—Show cause process for interim prohibition orders (1) If a regulatory body proposes to issue an interim prohibition order to an unregistered person, the body must give the person notice of the proposed order. (2) Notice under subsection (1)— (a) may be given in writing or verbally; and (b) must invite the unregistered person to make written or verbal submissions to the regulatory body, within the stated time, about the proposed interim prohibition order. (3) After considering any submission made by the unregistered person in accordance with the notice, the regulatory body must— (a) decide whether or not to issue the interim prohibition order; and (b) immediately after making the decision, give the unregistered person written notice of the body's decision. (4) The notice of the regulatory body's decision must include the following— (c) if the decision is to issue the interim prohibition order— (i) that the unregistered person may appeal against the decision; and 159E—Decision to take urgent action to issue interim prohibition order (1) This section applies if a regulatory body— (a) proposes to issue an interim prohibition order to an unregistered person under section 159C; and (b) reasonably believes it is necessary to take urgent action to issue the interim prohibition order to protect public health or safety. (2) Despite section 159D, the regulatory body may issue the unregistered person with an interim prohibition order without complying with the requirements of that section. (3) The interim prohibition order must be accompanied by a notice inviting the unregistered person to make a written or verbal submission to the regulatory body, within the time stated in the notice, about the interim prohibition order. (4) The time stated in the notice for the making of the submission must not be less than 7 days after the notice is given to the unregistered person. (5) The regulatory body must consider any submissions made by the unregistered person within a reasonable time. (6) After considering any submission made by the unregistered person in accordance with the notice, the regulatory body must— (a) decide to confirm the issue of the interim prohibition order or revoke it; and (b) give the unregistered person written notice of the body's decision. (7) The notice of the regulatory body's decision must include the following— (c) if the decision is to confirm the issue of the interim prohibition order— (i) that the unregistered person may appeal against the decision; and 159F—Duration of interim prohibition order (1) An interim prohibition order starts on the later of the following days— (a) the day the order is issued to the unregistered person the subject of the order; (b) the day, if any, stated in the order. (2) Subject to section 159J(3), an interim prohibition order ends on— (a) unless the order is revoked or extended by a regulatory body— (i) the day that is 60 days after the day on which the order starts; or (ii) the day stated in the order, which cannot be more than 60 days after the day on which the order starts; or (b) the day the order is revoked under section 159G; or (c) if the order is extended by a regulatory body under section 159H—the day decided by the regulatory body. 159G—Revocation or variation of interim prohibition order (1) A regulatory body must, as soon as practicable, revoke an interim prohibition order issued by the regulatory body to an unregistered person if the regulatory body is satisfied the grounds on which the order was issued— (a) no longer exist in relation to the person; or (b) did not exist at the time the interim prohibition order was issued to the person. (2) Despite subsection (1), a regulatory body may vary the grounds on which an interim prohibition order was issued to an unregistered person (a varied interim prohibition order) if the regulatory body— (a) is satisfied a different or additional ground specified in section 159C(1)(a) exists in relation to the person; and (b) continues to reasonably believe the ground specified in section 159C(1)(b) exists in relation to the person. (3) Section 159E(3) to (7) applies to the varied interim prohibition order, with any necessary modifications, as if it were the issue of an interim prohibition order. (4) Despite subsections (1) and (2), an interim prohibition order that has been extended or substituted by a responsible tribunal may only be revoked or varied by the tribunal. See sections 159L and 159M. 159H—Extension of interim prohibition order by regulatory body (1) A regulatory body may extend an interim prohibition order, by a period of not more than 60 days, if the body reasonably believes it is necessary in the circumstances. (2) Sections 159C to 159E apply to the proposed extension of an interim prohibition order, with any necessary modifications, as if it were the proposed issue of an interim prohibition order. (3) A regulatory body may extend an interim prohibition order under this section only once. 159I—Regulatory body may give information to notifier about interim prohibition order (1) This section applies if either of the following results in the issue of an interim prohibition order to an unregistered person— (a) a notification about an unregistered person who was, but is no longer, a registered health practitioner; (b) a complaint about an unregistered person. (2) After issuing or extending the interim prohibition order, the regulatory body may inform the following persons of the decision to issue or extend the order and the reasons for the decision— (a) the notifier who made the notification; (b) the person who made the complaint. 159J—Application for extension of interim prohibition order by regulatory body (1) This section applies if a regulatory body reasonably believes either of the following grounds still exist and will continue to exist beyond the day on which the interim prohibition order will expire— (a) the grounds on which the order was issued; (b) the grounds on which the order was varied. (2) The regulatory body may, before the interim prohibition order expires, apply to a responsible tribunal to extend the order. (3) If the regulatory body applies to a responsible tribunal for an extension of the interim prohibition order, the order continues until— (a) if the tribunal confirms the order—the day the order would have ended under section 159F; or (b) if the tribunal extends the order—the day the tribunal decides the order will end; or (c) if the tribunal substitutes another interim prohibition order for the order issued by the regulatory body—the day the substituted order starts; or (d) if the order is set aside—the day the order is set aside. 159K—Decision about extension of interim prohibition order (1) After hearing an application under section 159J about an interim prohibition order, the responsible tribunal may decide— (a) an interim prohibition order is necessary; or (b) an interim prohibition order is not necessary. (2) Without limiting subsection (1), in deciding whether an interim prohibition order is necessary, the responsible tribunal must have regard to— (a) the nature and extent of the risk the unregistered person, because of the person's health, conduct or performance, poses to— (i) persons; or (ii) public health or safety; and (b) whether the regulatory body has acted, and is continuing to act, as quickly as practicable in the circumstances to deal with the matter that forms the grounds for issuing the interim prohibition order. (3) If the responsible tribunal decides an interim prohibition order is necessary, it may— (a) confirm the interim prohibition order issued by the regulatory body; or (b) extend the interim prohibition order issued by the regulatory body, with or without amendment, for the period the tribunal considers appropriate in the circumstances; or (c) substitute another interim prohibition order for the order issued by the regulatory body. (4) If the responsible tribunal substitutes another interim prohibition order for the order issued by the regulatory body, the substituted order continues for the period the tribunal considers appropriate in the circumstances. (5) If the responsible tribunal decides an interim prohibition order is not necessary, the interim prohibition order is set aside. 159L—Revocation of extended or substituted interim prohibition order by responsible tribunal (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 is satisfied the grounds on which the interim prohibition order was issued— (i) no longer exist in relation to the person; or (ii) did not exist at the time the interim prohibition order was issued. (2) A regulatory body may, before the extended or substituted interim prohibition order ends, apply to the responsible tribunal to revoke the order. (3) If the regulatory body applies to the responsible tribunal for the revocation of the extended or substituted interim prohibition order, the order continues until— (a) if the responsible tribunal decides the order is necessary—the day on which the order ends; or (b) the day the order is revoked under subsection (5). (4) After hearing a matter about an extended or substituted interim prohibition order, the responsible tribunal may decide— (a) an interim prohibition order is necessary; or (b) an interim prohibition order is not necessary. (5) If the responsible tribunal decides an interim prohibition order is not necessary, the order is revoked. 159M—Variation of interim prohibition order by responsible tribunal (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. (2) A regulatory body may, before the extended or substituted interim prohibition order ends, apply to the responsible tribunal to vary the order. (3) After hearing an application under subsection (2), the responsible tribunal may decide— (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 (c) an interim prohibition order is not necessary. (4) If the responsible tribunal decides an interim prohibition order is not necessary, the order is revoked. 159N—Publication of information about interim prohibition orders (1) The National Agency must publish the following information about a person subject to an interim prohibition order on its website— (a) the person's name; (b) the day the order starts; (c) the action prohibited or restrictions imposed by the order. (2) If the name of the person subject to an interim prohibition order is included in a National Register or Specialists Register, the requirement in subsection (1) is satisfied if the information specified in that subsection is included in the register. (3) The requirement to publish the information does not apply if— (a) the regulatory body that issued the order— (i) issued the order without complying with the requirements of section 159D; and (ii) reasonably believes there is no overriding public interest in the publication of the information; or (b) the person subject to the order asks the regulatory body that issued the order not to publish the information and the regulatory body reasonably believes the publication of the information would present a serious risk to the health or safety of— (i) the person; or (ii) a member of the person's family or an associate of the person. (4) If a regulatory body decides to confirm the issue of the interim prohibition order after considering any submission made by the unregistered person under section 159E(5), the regulatory body must publish the information specified in subsection (1). (5) Despite subsection (4), a regulatory body may decide not to publish the information specified in subsection (1) if— (a) the person subject to the order asks the regulatory body not to publish the information; and (b) the regulatory body reasonably believes the publication of the information would present a serious risk to the health or safety of— (i) the person; or (ii) a member of the person's family or an associate of the person. (6) If an interim prohibition order is revoked or set aside— (a) a regulatory body must remove the information specified in subsection (1) from its website; and (b) for information included in a National Register or Specialists Register—the National Board must remove the information specified in subsection (1) from the register. (7) In this section— associate, of a person, includes a friend, neighbour or colleague of the person. family, of a person, includes— (a) other persons related to the person by blood, marriage or adoption, for example, the person's spouse, children and parents; and (b) other persons in a de facto relationship with the person; and (c) other persons connected to the person through Aboriginal and Torres Strait Islander kinship ties. 159O—Offences relating to interim prohibition orders (1) A person must not contravene an interim prohibition order. Maximum penalty: $60 000 or 3 years imprisonment or both. (2) A person who is subject to an interim prohibition order (the prohibited person) must, before providing a health service, give written notice of the order to the following persons— (a) the person to whom the prohibited person intends to provide the health service or, if that person is under 16 years of age or under guardianship, a parent or guardian of the person; (b) if the health service is to be provided by the prohibited person as an employee—the person's employer; (c) if the health service is to be provided by the prohibited person under a contract for services or any other arrangement with an entity—that entity; (d) if the health service is to be provided by the prohibited person as a volunteer for or on behalf of an entity—that entity. (3) A person must not advertise a health service to be provided by a prohibited person unless the advertisement states that the prohibited person is subject to an interim prohibition order.