Power to give prohibition notice
134ZDG Power to give prohibition notice
S. 134ZDG inserted by No. 39/2024 s. 93.
The Secretary or an authorised officer may give a written notice to a regulated person prohibiting the regulated person from engaging in a specified activity if the Secretary or authorised officer reasonably believes—
the regulated person has contravened, is contravening or is likely to contravene—
a provision of the Act or the regulations; or
a condition to which the person's registration as a health service establishment is subject; and
that, having regard to the immediacy of the risk of harm and the degree of harm to health or safety that may be caused by the contravention or likely contravention, prohibiting the person from engaging in the specified activity is necessary to prevent or minimise that risk.
In addition, the Secretary or an authorised officer may require a regulated person to whom a prohibition notice is given to take any specified action the Secretary or authorised officer reasonably believes is necessary—
to prevent or minimise the risk to health or safety; or
to rectify the contravention; or
to cease the contravention; or
to prevent a likely contravention from occurring; or
to address the matters or activities that caused a contravention.
The Secretary or an authorised officer may require a regulated person to whom a prohibition notice is given to—
give a copy of the notice to a person or class of person; or
display a copy of the notice in a manner specified in the notice.
This provision refers to the regulations (the regulations
). Made under this Act:
- Health Services (Health Service Establishments) Regulations 2024 · under section 158
- Health Services (Quality and Safety) Regulations 2020 · under section 158
This Act’s bill:Second reading speech
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