The statutory medical privilege in s 28(2) of the Evidence (Miscellaneous Provisions) Act 1958 (Vic) does not apply to disciplinary proceedings in VCAT brought by the Medical Board of Australia. The phrase 'civil suit action or proceeding' describes a process involving the curial adjudication of private rights, which may be performed by forums other than courts, but does not extend to regulatory proceedings that serve a public purpose and do not determine private rights inter partes. The Board may therefore obtain medical records via VCAT summonses without patient consent. The questions of whether patients can withdraw consent previously given, or whether making a complaint implies consent, were expressly left open.
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