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Human Rights Commission Act 2005
94JStatement of reasons for prohibition or condition order or
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94J Statement of reasons for prohibition or condition order or
(1) If the commission makes a prohibition or condition order or a public
statement in relation to a health care worker, the commission must
give a statement of reasons for making the order or statement to—
(a) the health care worker; and
(b) for a final order or a public statement made in relation to a
complaint made about the health care worker—the complainant.
Note For what must be included in a statement of reasons, see the Legislation
Act, s 179.
(2) The commission may also do 1 or more of the following:
(a) make the statement of reasons publicly available;
(b) give a copy of the statement to any relevant professional body
for the health care worker;
(c) give a copy of the statement to another person if satisfied on
reasonable grounds it is in the interest of the health or safety of
the public to do so.
(3) Before giving the statement of reasons to a person or making it
publicly available, the commission may remove confidential
information from the statement if the commission sets out in the
statement—
(a) that information was removed because it was confidential; and
(b) the nature of the information that was removed.
(4) This section does not affect the power of a court to make an order for
the discovery of a document or to require the giving of evidence or
the production of documents to a court.
confidential information, in relation to a statement of reasons, means
information—
(a) that is not publicly available when the statement is made; and
(b) that is about the personal or business affairs of a person other
than the person who is given the statement; and
(c) where 1 or more of the following apply:
(i) the information was given to the commission in
confidence;
(ii) publishing the information would reveal a trade secret;
(iii) the information was provided in compliance with a duty
imposed under an Act;
(iv) the commission would breach a law by providing the
information.