Queensland Numbered Acts Queensland Numbered ActsAfter part 8 —
insert—
90A Application of part This part does not apply to a person in the person’s capacity as a registered health practitioner.
90B Prohibition order A
"prohibition order" is an order issued to a health practitioner—(a) prohibiting the practitioner, either permanently or for a stated period, from providing any health service or a stated health service; or(b) imposing stated restrictions on the provision of any health service, or a stated health service, by the practitioner.
90C Power to issue order(1) The health ombudsman may issue a prohibition order to a health practitioner (other than in the person’s capacity as a registered health practitioner) if the health ombudsman—(a) has completed an investigation under part 8 relating to the practitioner; and(b) is satisfied that, because of the practitioner’s health, conduct or performance, the practitioner poses a serious risk to persons.(2) Without limiting subsection (1)(b), the serious risk posed to a person by a health practitioner may be a serious risk of harm caused by the practitioner—(a) practising the practitioner’s profession unsafely, incompetently or while intoxicated by alcohol or drugs; or(b) financially exploiting the person; or(c) engaging in a sexual or improper personal relationship with the person; or(d) discouraging the person from seeking clinically accepted care or treatment; or(e) making false or misleading claims about the health benefits of a particular health service; or(f) making false or misleading claims about the practitioner’s qualifications, training, competence or professional affiliations.(3) In deciding under subsection (1)(b) whether, because of a health practitioner’s health, conduct or performance, the practitioner poses a serious risk to persons, the health ombudsman may have regard to a prescribed conduct document under section 288.
90D Show cause process(1) If the health ombudsman proposes to issue a prohibition order to a health practitioner, the health ombudsman must give the practitioner a notice—(a) stating the proposed order; and(b) inviting the practitioner to make a written submission to the health ombudsman, within a stated period of at least 20 business days, about the proposed order.(2) The health ombudsman must have regard to any written submissions made by the practitioner within the stated period before deciding whether to issue the prohibition order.
90E Content of order A prohibition order—(a) must state the details of the order that apply to the health practitioner; and(b) must also state, or be accompanied by a notice that states, the following—(i) the reasons for the decision to issue the order;(ii) that the practitioner may apply to QCAT for a review of the decision to issue the order;(iii) how, and the period within which, the practitioner may apply for the review of the decision.
90F Notice to complainant If a prohibition order was issued in response to a complaint, the health ombudsman must give the complainant a notice stating the details of the order that apply to the health practitioner.
90G When order takes effect A prohibition order takes effect on the day it is given to the health practitioner or, if a later day is stated in the order, the later day.
90H Prohibition order ends interim prohibition order If the health ombudsman issues a prohibition order to a health practitioner in relation to a health service complaint or other matter, any interim prohibition order issued to the practitioner in relation to that complaint or matter ends when the prohibition order takes effect.
90I Power to vary order on health ombudsman’s own initiative The health ombudsman may, at any time after issuing a prohibition order to a health practitioner, vary the order if—(a) there has been a material change in relation to the matter giving rise to the issue of the order; and(b) the health ombudsman reasonably believes the change justifies varying the order; and(c) the variation is on the grounds mentioned in section 90C.
90J Power to vary order on application by health practitioner(1) A health practitioner may apply to the health ombudsman to vary a prohibition order issued to the practitioner if there is a material change in relation to the matter giving rise to the issue of the order.(2) An application under subsection (1) must be—(a) in the approved form; and(b) accompanied by any other information reasonably required by the health ombudsman.(3) The health ombudsman must consider the application and decide—(a) to vary the prohibition order in the way requested in the application; or(b) to vary the prohibition order in a way different to the way requested in the application; or(c) not to vary the prohibition order.(4) The health ombudsman may vary the prohibition order only if—(a) there has been a material change in relation to the matter giving rise to the issue of the order; and(b) the health ombudsman reasonably believes the change justifies varying the order; and(c) the variation is on the grounds mentioned in section 90C.
90K Show cause process(1) This section applies if the health ombudsman proposes to do any of the following (each a
"show cause decision" )—(a) vary a prohibition order under section 90I;(b) vary a prohibition order under section 90J in a way different to the way requested in the application under that section;(c) not to vary a prohibition order under section 90J in response to an application under that section.(2) Section 90D applies to the health ombudsman making the show cause decision—(a) as if a reference in the section to the health ombudsman issuing a prohibition order were a reference to the health ombudsman making the show cause decision; and(b) with any other necessary changes.
90L Effect of decision to vary and notice requirements(1) If the health ombudsman varies a prohibition order issued to a health practitioner under this division—(a) the health ombudsman must—(i) give the practitioner a replacement prohibition order that reflects the variation; and(ii) if the prohibition order was issued in response to a complaint, give the complainant a notice stating the details of the order, as varied, that apply to the practitioner; and(b) the variation takes effect when the replacement prohibition order is given to the practitioner, or on a later day stated in the order; and(c) the prohibition order as in effect before the variation ends when the variation takes effect.(2) If the health ombudsman makes a decision mentioned in section 90K(1)(a), (b) or (c), the health ombudsman must give the health practitioner a notice stating the following—(a) the decision;(b) the reasons for the decision;(c) that the practitioner may apply to QCAT for a review of the decision;(d) how, and the period within which, the practitioner may apply for the review of the decision.
90M Revocation of order(1) This section applies if, at any time after issuing a prohibition order to a health practitioner, the health ombudsman is satisfied the order is no longer necessary on the grounds mentioned in section 90C.(2) The health ombudsman must—(a) revoke the order; and(b) give notice of the revocation to the practitioner and, if the order was issued in response to a complaint, to the complainant.
90N Application to QCAT for review(1) This section applies if the health ombudsman decides—(a) to issue a prohibition order to a health practitioner; or(b) to vary a prohibition order issued to a health practitioner under section 90I; or(c) to vary a prohibition order issued to a health practitioner in a way different to the way requested in an application by the practitioner under section 90J; or(d) not to vary a prohibition order issued to a health practitioner under section 90J in response to an application under that section.(2) The health practitioner may apply, as provided under the QCAT Act, to QCAT for a review of the decision.
90O Corresponding interstate orders A regulation may prescribe an order to be a corresponding interstate order if the order—(a) is issued under a law of another State; and(b) corresponds, or substantially corresponds, to a prohibition order under this part.
90P Offence of contravening prohibition order A person must not contravene a prohibition order or corresponding interstate order.Penalty—Maximum penalty—200 penalty units.
90Q Publication of prohibition orders(1) The health ombudsman must publish, on a publicly accessible website of the health ombudsman, the following information about each current prohibition order—(a) the name of the health practitioner to whom the order was issued;(b) the day the order took effect;(c) the details of the order mentioned in section 90B(a) or (b) that apply to the practitioner;(d) the details of any variation of the order under division 3.(2) The health ombudsman must also publish, on a publicly accessible website of the health ombudsman, information about corresponding interstate orders of which the health ombudsman is aware that corresponds to the information mentioned in subsection (1)(a) to (d).(3) The information may also be published to the public in another way the health ombudsman considers appropriate.(4) This section applies subject to any non-publication order under the QCAT Act or court order about publication of information.(5) The health ombudsman must not publish information that the health ombudsman considers it would be inappropriate to publish.