Application to end, shorten or amend prohibition order
6A Application to end, shorten or amend prohibition order
(1) A person who is subject to a prohibition order made by the Tribunal may apply to the Tribunal for one or more orders under subsection (3)(b).
An application under subsection (1) may not be made:
earlier than 5 years after the date of the prohibition order; or
(b) while the terms of an order under subsection (4) provide that an application under this section may not be made in relation to a prohibition order.
The Tribunal may decide to do any of the following:
dismiss the application;
make any of the following orders:
an order ending the prohibition order;
an order shortening the period of the prohibition order;
an order amending the prohibition order.
(4) In addition, the Tribunal may order that the applicant must not make a further application under this section until after a specified time.
(5) In making a decision under subsection (3) or (4), the Tribunal must consider the following:
the time elapsed since the prohibition order was made;
(b) any material change in the circumstances of the applicant since the prohibition order was made;
(c) any complaint made or notified to a National Board under Part 8 of the Health Practitioner Regulation National Law (NT) about the applicant, whether the complaint was made or notified before or after the prohibition order was made;
any other matter the Tribunal considers appropriate.
(6) A National Board that was a party to the proceedings which led to the making of the prohibition order is a party to the proceedings arising from an application under this section.
(7) An application under this section is not an application to review the decision of the Tribunal to make the prohibition order, or any findings made in connection with the making of that decision.
(8) Section 131 of the Northern Territory Civil and Administrative Tribunal Act 2014 does not apply in relation to a proceeding under this section.
(9) Section 140 of the Northern Territory Civil and Administrative Tribunal Act 2014 does not apply in relation to a decision of the Tribunal under this section.
In this section:
prohibition order, see section 5 of the Health Practitioner Regulation National Law (NT).
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