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s 159M

Variation of interim prohibition order by responsible tribunal

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

159M Variation of interim prohibition order by responsible tribunal

(1)

This section applies if—

(a)

a responsible tribunal has extended or substituted an interim prohibition order under section 159K(3) (an extended or substituted interim prohibition order);

and

(b)

a regulatory body—

(i)

is satisfied a different or additional ground specified in section 159C(1)(a) exists in relation to the person; and

(ii)

continues to reasonably believe the ground specified in section 159C(1)(b) exists in relation to the person.

(2)

A regulatory body may, before the extended or substituted interim prohibition order ends, apply to the responsible tribunal to vary the order.

(3)

After hearing an application under subsection (2), the responsible tribunal may decide—

(a)

not to vary the extended or substituted interim prohibition order if the tribunal is not satisfied a different or additional ground specified in section 159C(1)(a) exists in relation to the person; or

(b)

to vary the extended or substituted interim prohibition order if the tribunal is satisfied—

(i)

a different or additional ground specified in section 159C(1)(a) exists in relation to the person; and

(ii)

the ground specified in section 159C(1)(b) continues to exist in relation to the person; or

(c)

an interim prohibition order is not necessary.

(4)

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

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