Human Rights Commission Act 2005

The commission may make a prohibition or condition order in relation to a health care worker for a stated period, including a permanent order, (a final order) if—

the commission is satisfied on reasonable grounds that there would be a serious risk to the health or safety of the public if the health care worker continued to provide a health service; and

either of the following apply:

the commission—

has considered a complaint in relation to the health care worker; and

is satisfied on reasonable grounds that the health care worker acted inconsistently with the code of conduct;

the health care worker is convicted of an offence under any of the following in relation to a health service provided by the health care worker:

the Competition and Consumer Act 2010 (Cwlth);

the Fair Trading (Australian Consumer Law) Act 1992;

the Health Act 1993, section 127 (Provision of regulated health service by person not health practitioner);

the Health Practitioner Regulation National Law (ACT), part 7, division 10;

the Public Health Act 1997.

The period of the final order must not be longer than the period reasonably required to protect the health or safety of the public.

However, if the health care worker is a health practitioner, the commission must not make a final order without—

giving the relevant board for the health practitioner a reasonable opportunity to respond to the proposed order; and

considering the response (if any).

As soon as practicable after making a final order, the commission must give a copy of the order to the health care worker.

The commission must also give the health care worker a statement of reasons (see s 94J).

The commission may give a copy of a final order to—

any relevant professional body for the health care worker; or

another person if satisfied on reasonable grounds that it is in the interest of the health or safety of the public to do so.