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Human Rights Commission Act 2005
94GInterim prohibition or condition order
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94G Interim prohibition or condition order
(1) The commission may make a prohibition or condition order in
relation to a health care worker for a stated period of not more than
8 weeks (an interim order) if the commission—
(a) is considering a complaint in relation to the health care worker;
and
(b) believes on reasonable grounds that—
(i) the health care worker acted inconsistently with the code
of conduct; and
(ii) there would be a serious risk to the health or safety of the
public if the health care worker continued to provide a
(2) The period of the interim order must not be longer than the period
reasonably required for the commission to decide if a final prohibition
or condition order is required.
(3) For a public servant complaint, the period of an interim order may be
affected by the process determined under section 94D.
(4) As soon as practicable after making an interim order, the commission
must give a copy of the order to the health care worker.
Note The commission must also give the health care worker a statement of
reasons (see s 94J).
(5) The commission may give a copy of an interim order to—
(a) any relevant professional body for the health care worker; and
Examples—par (b)
• the health care worker’s employer
• a related health service provider
• a client