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  3. Guidance for tribunals
  4. Tribunal guidance for doctors hearings
  5. Interim orders tribunal hearings
  6. Part A - considering interim orders
  7. Text alternative process of decision making for considering an interim order

Text alternative: process of decision making for considering an interim order

1. Decide if the test for imposing an interim order is met

  • Remind the tribunal it is not making a decision on the facts
  • Consider submissions from the parties
  • Follow steps 1a to 1b
  • Give reasons

1a. Assess the risk arising from the information referred

  • Consider the seriousness-of the concern or allegation
  • Consider the likelihood of repetition
  • What is the weight of the information available at this time?

1b. Consider if it is necessary to restrict the doctor’s registration

  • Does the doctor pose a real and immediate risk to protection of the public?
  • Is it in the interests of the public to restrict the doctor’s registration?
  • Is it in the interests of the doctor to restrict their registration?

2. Where an interim order is needed, decide what is a proportionate order to make

  • Review reasons for deciding the test for imposing an interim order is met
  • Follow steps 2a to 2b
  • Consider submissions from the parties
  • Give reasons

2a. Decide what type of interim order is needed

  • Decide if conditions or suspension are needed to address the risk(s) identified

2b. Decide how long the interim order should be imposed for

  • Consider, in light of the type of order needed, what is a proportionate period for it to be imposed for
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