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s 159N

Publication of information about interim prohibition orders

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

159N Publication of information about interim prohibition orders

(1)

The

National Agency must publish the following information about a person subject to an interim prohibition order on its website—

(a)

the person's name;

(b)

the day the order starts;

(c)

the action prohibited or restrictions imposed by the order.

(2)

If the name of the person subject to an interim prohibition order is included in a National Register or Specialists Register, the requirement in subsection (1) is satisfied if the information specified in that subsection is included in the register.

(3)

The requirement to publish the information does not apply if—

(a)

the regulatory body that issued the order—

(i)

issued the order without complying with the requirements of section 159D;

and

(ii)

reasonably believes there is no overriding public interest in the publication of the information; or

(b)

the person subject to the order asks the regulatory body that issued the order not to publish the information and the regulatory body reasonably believes the publication of the information would present a serious risk to the health or safety of—

(i)

the person; or

(ii)

a member of the person's family or an associate of the person.

(4)

If a regulatory body decides to confirm the issue of the interim prohibition order after considering any submission made by the unregistered person under section 159E(5), the regulatory body must publish the information specified in subsection (1).

(5)

Despite subsection (4), a regulatory body may decide not to publish the information specified in subsection (1) if—

(a)

the person subject to the order asks the regulatory body not to publish the information; and

(b)

the regulatory body reasonably believes the publication of the information would present a serious risk to the health or safety of—

(i)

the person; or

(ii)

a member of the person's family or an associate of the person.

(6)

If an interim prohibition order is revoked or set aside—

(a)

a regulatory body must remove the information specified in subsection (1) from its website; and

(b)

for information included in a National Register or Specialists

Register—the National Board must remove the information specified in subsection (1) from the register.

(7)

In this section—

associate, of a person, includes a friend, neighbour or colleague of the person.

family, of a person, includes—

(a)

other persons related to the person by blood, marriage or adoption, for

example, the person's spouse, children and parents; and

(b)

other persons in a de facto relationship with the person; and

(c)

other persons connected to the person through Aboriginal and Torres Strait

Islander kinship ties.

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Section 159N — Publication of information about interim prohibition orders — Health Practitioner Regulation National Law (South Australia) Act 2010 (South Australia) — Barrister AI