New South Wales Repealed Acts

This legislation has been repealed.

MEDICAL PRACTICE ACT 1992 - SECT 190A

190A Reports of medical or health practitioners

(1) This section applies to a report made in connection with an examination of a person by a registered medical practitioner or a registered health practitioner (a "health or medical report"), being a report that is obtained for the Board pursuant to:

(a) a requirement made by the Board under section 54 or 78A, or clause 17 of Schedule 1, or

(b) a condition of registration or an order imposed by a person or body exercising functions under this Act, or

(c) a request made by the person to his or her treating practitioner in connection with a matter being dealt with by an Impaired Registrants Panel.

(2) Such a health or medical report may not be admitted or used in any civil proceedings before a court except with the consent of:

(a) the person giving the report, and

(b) the person who is the subject of the report.

(3) A person may not be compelled to produce such a health or medical report or to give evidence in relation to the report or its contents in any such civil proceedings.

(4) Such a health or medical report is a "protected report" for the purposes of this Act.

(5) In this section:
"court" includes any tribunal, authority or person having power to require the production of documents or the answering of questions, but does not include the Tribunal, a Committee or a Performance Review Panel or the Supreme Court (in respect of appeal proceedings under this Act).
"report" includes a copy, reproduction and duplicate of the report or any part of the report, copy, reproduction or duplicate.