ACTIn ForceAct
Human Rights Commission Act 2005
94IPublic statement about health care worker or health
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94I Public statement about health care worker or health
service
(1) The commission may make a public statement in relation to a health
care worker if the commission believes on reasonable grounds that
there is a serious risk to the health or safety of the public in relation
to—
(a) a health service provided or offered by the health care worker;
or
(b) the health care worker being convicted of an offence under any
of the following in relation to a health service provided by the
health care worker:
(i) the Competition and Consumer Act 2010 (Cwlth);
(ii) the Fair Trading (Australian Consumer Law) Act 1992;
(iii) the Health Act 1993, section 127 (Provision of regulated
health service by person not health practitioner);
(iv) the Health Practitioner Regulation National Law (ACT),
part 7, division 10;
(v) the Public Health Act 1997.
(2) The commission may make a public statement in relation to a health
service if the commission believes on reasonable grounds that there
is a serious risk to the health or safety of the public arising from the
(3) A public statement may be made in any form.
(4) A public statement made in relation to a health care worker may
include any of the following:
(a) the identity of the health care worker;
(b) information, including a warning, about—
(i) the health care worker; or
(ii) the health service provided by the health care worker;
(c) if the health care worker provides the health service in
connection with a provider—
(i) the identity of the provider; and
(ii) information, including a warning, about the provider;
(d) information contained in a final order made in relation to the
health care worker.
(5) A public statement made in relation to a health service may contain
information, including a warning, about the health service generally.
(6) The commission—
(a) may vary or withdraw a public statement; and
(b) if a statement is varied or withdrawn—must set out the reason
for the variation or withdrawal in the same form as the statement
was made.