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s 67

Information etc. that may be withheld

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Part 4Director’s powers to obtain information and entry to premises

67 Information etc. that may be withheld

(1)

Nothing in this Part or a warrant issued under this Part or a requirement made in executing a warrant prevents a person from —

(a)

refusing to answer a question or produce a book, document, record or other thing because the answer would relate to, or the book, document, record or thing contains, information in respect of which the person claims legal professional privilege; or

(b)

refusing to answer a question or produce a book, document, record or thing if the answer, or the information in the book, document, record or thing would tend to incriminate the person or render the person liable to a penalty; or

(c)

refusing to answer a question which relates to medical records or to produce medical records unless —

(i)

those medical records relate to the subject matter of the complaint made under Part 3; and

(ii)

the person to whom the records relate, or the person’s representative, has consented to the disclosure of information in the records.

(2)

In subsection (1)(c)(ii) —

person’s representative means —

(a)

a representative recognized under section 20; or

(b)

a guardian of the person under the Guardianship and Administration Act 1990; or

(c)

in the case of a minor, a parent or guardian of the minor.

[Section 67 amended: No. 35 of 2022 s. 38.]

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