Human Rights Commission Act 2005

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 health service provided or offered by the health care worker; or

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:

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 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 health service.

A public statement may be made in any form.

A public statement made in relation to a health care worker may include any of the following:

the identity of the health care worker;

information, including a warning, about—

the health care worker; or

the health service provided by the health care worker;

if the health care worker provides the health service in connection with a provider—

the identity of the provider; and

information, including a warning, about the provider;

information contained in a final order made in relation to the health care worker.

A public statement made in relation to a health service may contain information, including a warning, about the health service generally.

The commission—

may vary or withdraw a public statement; and

if a statement is varied or withdrawn—must set out the reason for the variation or withdrawal in the same form as the statement was made.