Use of health assessment report
99 Use of health assessment report
(1) A report about a subject person is not admissible in any proceedings and a person can not be compelled to produce the report or to give evidence about the report or its contents in any proceedings.
Subsection (1) does not apply in relation to:
(a) proceedings relating to an application by the subject person for admission under this Act as a local practitioner, for local registration, for admission to the legal profession in another jurisdiction or for interstate registration; or
(b) proceedings on an appeal by the subject person against a decision of a relevant authority of this or another jurisdiction:
(i) refusing to grant or renew a practising certificate or registration; or
(ii) imposing conditions on a practising certificate or registration; or
(iii) amending or cancelling a practising certificate or registration.
(3) Subsection (1) does not apply if the report is admitted or produced, or evidence about the report or its contents is given, in proceedings with the consent of:
the health assessor who prepared the report; and
the subject person to whom the report relates.
In this section:
report means a health assessment report prepared under this Division or under provisions of a corresponding law, and includes a copy of a report or a part of a report or copy.
This Act’s bill:Explanatory statementSecond reading speech
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