Health Practitioner Regulation National Law (South Australia) Act 2010

After hearing an application under section 159J about an interim prohibition order, the responsible tribunal may decide—

an interim prohibition order is necessary; or

an interim prohibition order is not necessary.

Without limiting subsection (1), in deciding whether an interim prohibition order is necessary, the responsible tribunal must have regard to—

the nature and extent of the risk the unregistered person, because of the person's health, conduct or performance, poses to—

persons;

or

public health or safety; and

whether the regulatory body has acted, and is continuing to act, as quickly as practicable in the circumstances to deal with the matter that forms the grounds for issuing the interim prohibition order.

If the responsible tribunal decides an interim prohibition order is necessary, it may—

confirm the interim prohibition order issued by the regulatory body; or

extend the interim prohibition order issued by the regulatory body, with or without amendment, for the period the tribunal considers appropriate in the circumstances; or

substitute another interim prohibition order for the order issued by the regulatory body.

If the responsible tribunal substitutes another interim prohibition order for the order issued by the regulatory body, the substituted order continues for the period the tribunal considers appropriate in the circumstances.

If the responsible tribunal decides an interim prohibition order is not necessary, the interim prohibition order is set aside.