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Human Rights Commission Act 2005
94LVariation of prohibition or condition order
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94L Variation of prohibition or condition order
(1) A health care worker may, in writing, ask the commission to vary a
prohibition or condition order made in relation to the health care
worker if there has been a material change in a matter giving rise to
the making of the order.
(2) The commission must, on application or on its own initiative, vary an
order if the commission is satisfied—
(a) a prohibition or condition in the order is no longer required to
protect the health or safety of the public; or
(b) a prohibition or condition in the order is more restrictive than
what is reasonably required to protect the health or safety of the
public; or
(c) the period of the order is longer than the period reasonably
required to protect the health or safety of the public.
(3) However, if the health care worker is a health practitioner, the
commission must not vary an order without—
(a) giving the relevant board for the health practitioner a reasonable
opportunity to respond to the proposed order; and
(b) considering the response (if any).
(4) As soon as practicable after varying an order, the commission must
give a copy of the varied order to the health care worker.
(5) The commission may give a copy of a varied order to—
(a) any relevant professional body for the health care worker; or
(6) If an order is varied, the commission must include on the register the
reason for the variation.