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s 159E

Decision to take urgent action to issue interim prohibition order

In force
Schedule 2Health Practitioner Regulation National Law
Part 8Health, performance and conduct
Division 7AInterim prohibition orders

159E Decision to take urgent action to issue interim prohibition order

(1)

This section applies if a regulatory body—

(a)

proposes to issue an interim prohibition order to an unregistered person under section 159C;

and

(b)

reasonably believes it is necessary to take urgent action to issue the interim prohibition order to protect public health or safety.

(2)

Despite section 159D, the regulatory body may issue the unregistered person with an interim prohibition order without complying with the requirements of that section.

(3)

The interim prohibition order must be accompanied by a notice inviting the unregistered person to make a written or verbal submission to the regulatory body, within the time stated in the notice, about the interim prohibition order.

(4)

The time stated in the notice for the making of the submission must not be less than 7 days after the notice is given to the unregistered person.

(5)

The regulatory body must consider any submissions made by the unregistered person within a reasonable time.

(6)

After considering any submission made by the unregistered person in accordance with the notice, the regulatory body must—

(a)

decide to confirm the issue of the interim prohibition order or revoke it;

and

(b)

give the unregistered person written notice of the body's decision.

(7)

The notice of the regulatory body's decision must include the following—

(a)

the decision made by the body;

(b)

the reasons for the body's decision;

(c)

if the decision is to confirm the issue of the interim prohibition order—

(i)

that the unregistered person may appeal against the decision; and

(ii)

how an application for an appeal may be made; and

(iii)

the period within which the application must be made.

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