Interim Orders Panel

a. Interim Orders Panels will normally be conducted remotely. In-person meetings are not ordinarily available at this stage and are generally reserved for Hearing/Health Panels. Reasonable adjustments may be requested through the Complaints and Resolution Manager to ensure effective participation.

b. The Interim Orders Panel is convened to make an initial, urgent, risk-based decision and does not make final findings of fact. Members will usually be given at least seven days’ notice of an Interim Orders Panel (unless the section 23 process is being followed). They will be entitled to make written or oral representations to the Panel, and may seek assistance from others in doing so. They may also be accompanied by a friend or supporter when making oral representations, provided that person does not address the Panel or otherwise participate in the proceedings. Legal or other professional representatives will not normally be permitted to attend or participate unless the Panel considers their participation necessary in the interests of fairness, to accommodate a disability, or because of other exceptional circumstances. A registrant’s failure to engage in the process will not prevent the proceedings from going ahead.

c. The Interim Orders Panel is responsible for reviewing Interim Orders under section 21. The Interim Orders Panel may review an Interim Order where there has been a significant change in circumstances or where new substantial evidence relevant to the order becomes available after it was imposed. The Interim Orders Panel must review the Order where the Member fails to comply with the conditions or restrictions imposed. An Interim Order must also be reviewed before its expiry where the complaint has not yet been resolved. Where a review cannot reasonably be completed before the expiry of the order, the order will remain in force pending the outcome of the review.

d. Before reviewing an Interim Order under section 21, the Complaints and Resolution Manager must notify the Member and provide them with a reasonable opportunity to make written submissions and/or attend before the Interim Orders Panel to make oral representations.

e. Following a review, the Interim Orders Panel may:

i. Confirm the order;

ii. Reduce the length of time the order is to have effect;

iii. Extend the length of time the order is to have effect. An Interim Suspension Order may be extended beyond 18 months where it has not been possible to resolve the complaint within 18 months and the order remains necessary;

iv. Vary the order;

v. Revoke the order; or

vi. Substitute the order with an Interim Conditions Order or an Interim Suspension Order.

f. Decisions of an Interim Orders Panel may be appealed in accordance with the procedure set out in section 36.

g. An appeal against an Interim Order does not suspend the operation of the Order or prevent the progression of the complaint under this Procedure. Unless revoked, varied, or replaced earlier, the Order will remain in force pending determination of the appeal and until any final outcome of the complaint takes effect.

h. The Interim Orders Panel will aim to convene as soon as reasonably practicable, having regard to the seriousness and urgency of the concerns raised.