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  6. The test for imposing an interim order
Interim orders tribunal hearings

The test for imposing an interim order

  1. The test for imposing an interim order is whether it is necessary for the protection of the public or is otherwise desirable in the interests of the public and/or in the interests of the doctor.2  

Protection of the public

  1. In the context of interim action, an order may be necessary for the protection of the public where the concern about the doctor’s fitness to practise indicates there is a real and immediate risk to patient safety. Most often this will arise from concerns about a doctor’s behaviour, performance, or the impact of a health condition on their ability to provide safe care.  

In the interests of the public

  1. The interests of the public incorporates three elements:
    1. the protection of patients and the public generally from a doctor whose fitness to practise may be impaired 
    2. the maintenance and promotion of public confidence in the profession, and/or 
    3. the maintenance and promotion of proper professional standards and conduct for doctors.
  1. There is some overlap between the protection of the public and (a) given the impact on patient safety. However, (b) and (c) are also likely to be relevant in cases involving serious clinical concerns, particularly if the act or omission is persistent or repeated, or the circumstances surrounding the concern have attracted widespread public concern. This is because public confidence in the profession and the maintenance of professional standards and conduct would be undermined if the doctor’s registration was not restricted due to the serious nature of the risk to patients.

  2. Where an interim order is needed for the protection of the public because there is a real and immediate risk to patient safety, then it is likely that imposing it will also be in the interests of the public. 

  3. In some instances, a doctor may not appear to pose a real and immediate risk to patient safety, but an interim order may still be needed on the basis that they pose a risk to public confidence. This is because public confidence in the profession may be seriously damaged if the doctor is allowed to continue in unrestricted practice while the matter is being considered. A risk to public confidence may arise from behaviour or poor performance in the doctor’s working life but can also arise from something unrelated to the doctor’s practice, such as a criminal charge or other serious alleged misconduct in their private life. 

In the interests of the doctor

  1. An interim order may be needed where an assessment is made that it is not in the doctor’s interests to hold unrestricted registration. This may be because the doctor lacks insight into the impact of a health condition and how it is affecting them.

2 Section 41A(1) of the Medical Act 1983 (as amended).