New South Wales Consolidated Acts

HEALTH CARE COMPLAINTS ACT 1993 - SECT 63G

63G Power of Commission to obtain information, records and evidence

(1) If the Commission is assessing compliance with a relevant matter and is of the opinion that a person is capable of giving information, producing documents, including medical records, or giving evidence that would assist in the assessment, the Commission may, by written notice given to the person, require the person to do one or more of the following--

(a) give to the Commission the information known to the person--

(i) in writing signed by the person or, for a corporation, by a competent officer of the corporation, and

(ii) within the reasonable time and in the way specified in the notice,

(b) produce the documents to the Commission in accordance with the notice,

(c) appear before the Commissioner, or a member of staff of the Commission authorised by the Commissioner, at a time and place specified in the notice that is reasonable and give the evidence, either orally or in writing, and produce the documents.

(2) Information and documents may be given or provided to the Commission in compliance with this section despite another Act or law (other than Division 6B of Part 2 or Part 2A of the Health Administration Act 1982 ).

(3) Section 37A applies in relation to information, documents or answers required to be given or produced under this section in the same way as that section applies in relation to a requirement under section 21A or 34A to give or produce information, documents or answers.

(4) A person who is subject to a requirement under subsection (1) must not, without reasonable excuse, fail to comply with the requirement.

: Maximum penalty--200 penalty units.

Note--: Failure of a health practitioner to comply with subsection (4) may constitute unsatisfactory professional conduct under the Health Practitioner Regulation National Law (NSW) .