Statement of reasons for prohibition or condition order or public statement
94J Statement of reasons for prohibition or condition order or public statement
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—
the health care worker; and
for a final order or a public statement made in relation to a complaint made about the health care worker—the complainant.
For what must be included in a statement of reasons, see the Legislation Act, s 179.
The commission may also do 1 or more of the following:
make the statement of reasons publicly available;
give a copy of the statement to any relevant professional body for the health care worker;
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.
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—
that information was removed because it was confidential; and
the nature of the information that was removed.
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.
In this section:
confidential information, in relation to a statement of reasons, means information—
that is not publicly available when the statement is made; and
that is about the personal or business affairs of a person other than the person who is given the statement; and
where 1 or more of the following apply:
the information was given to the commission in confidence;
publishing the information would reveal a trade secret;
the information was provided in compliance with a duty imposed under an Act;
the commission would breach a law by providing the information.
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