Commonwealth Consolidated Acts

HEARING SERVICES ADMINISTRATION ACT 1997 - SECT 37

Restraining injunctions

  (1)   If an entity has engaged, is engaging or is proposing to engage, in any conduct in contravention of:

  (a)   this Act; or

  (b)   the voucher rules; or

  (c)   if the entity is accredited under the accreditation scheme--a condition of that accreditation; or

  (d)   if the entity is engaged under section   20--an agreement under that section;

the Federal Court may, on the application of the Minister, grant an injunction:

  (e)   restraining the entity from engaging in the conduct; and

  (f)   if, in the court's opinion, it is desirable to do so--requiring the entity to do something.

Performance injunctions

  (2)   If:

  (a)   an entity has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and

  (b)   the refusal or failure was, is or would be a contravention of:

  (i)   this Act; or

  (ii)   the voucher rules; or

  (iii)   if the entity is accredited under the accreditation scheme--a condition of that accreditation; or

  (iv)   if the entity is engaged under section   20--an agreement under that section;

the Federal Court may, on the application of the Minister, grant an injunction requiring the entity to do that act or thing.