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s 52H

Director may make prohibition order

In force
Part 3DInterim prohibition orders, prohibition orders and interstate orders
Division 2Prohibition orders

52H Director may make prohibition order

(1)

This section applies if the Director has conducted an investigation under this Act into a possible contravention by a health care worker of a code of conduct applying to the health care worker.

(2)

The Director may make an order (a prohibition order) in relation to the health care worker —

(a)

prohibiting the health care worker from providing any health service, or a health service specified in the order, permanently or for the period specified in the order; or

(b)

imposing any conditions the Director considers appropriate on the provision of any health service, or a health service specified in the order, by the health care worker permanently or for the period specified in the order.

(3)

The Director must not make a prohibition order in relation to a health care worker unless —

(a)

either —

(i)

the Director is satisfied that the health care worker has failed to comply with a code of conduct applying to the health care worker; or

(ii)

the health care worker has been convicted of a prescribed offence;

and

(b)

the Director is satisfied that it is necessary to make the prohibition order to avoid a serious risk to —

(i)

the life, health, safety or welfare of a person; or

(ii)

the health, safety or welfare of the public.

[Section 52H inserted: No. 35 of 2022 s. 28.]

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