Use of health assessment report
91 Use of health assessment report
A report about a subject person is not admissible in any proceeding, and a person can not be compelled to produce the report or to give evidence about the report or its contents in any proceeding.
Subsection (1) does not apply in relation to—
a proceeding relating to an application by the subject person for admission to the legal profession under this Act, for local registration, for admission to the legal profession in another jurisdiction or for interstate registration; or
a proceeding on an appeal by the subject person against, or on an application by the subject person for a review of, a decision of a relevant authority of this or another jurisdiction—
refusing to grant or renew a practising certificate or registration; or
imposing conditions on a practising certificate or registration; or
amending or cancelling a practising certificate or registration.
Subsection (1) does not apply if the report is admitted or produced, or evidence about the report or its contents is given, in a proceeding 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, the Legal Profession Act 2004, chapter 7, part 1, division 3, or a corresponding law, and includes a copy of a report or a part of a report or copy.
This Act’s bill:Explanatory memorandum
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