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PUBLIC HEALTH ACT 2005 - SECT 208
Chief executive (child safety) may require information from designated medical officer
208 Chief executive (child safety) may require information from designated
medical officer
(1) This section applies if the chief executive (child safety) considers
information is required about a child held under a care and treatment order.
(2) The chief executive (child safety) may ask a designated medical officer,
orally or in writing, for stated information about the child, within a
reasonable stated time.
(3) The designated medical officer must comply with
the request to the extent the designated medical officer is able to do so,
unless the designated medical officer has a reasonable excuse. Penalty—
Maximum penalty—50 penalty units.
(4) The designated medical officer is
not liable to be prosecuted for an offence against subsection (3) unless the
chief executive (child safety), when making the request, warns the designated
medical officer it is an offence to fail to comply with the request to the
extent the designated medical officer is able to do so, unless the designated
medical officer has a reasonable excuse.
(5) A person who gives information
requested under this section who would otherwise be required to maintain
confidentiality about the information given under an Act, oath, rule of law or
practice— (a) does not contravene the Act , oath, rule of law or practice by
giving the information; and
(b) is not liable to disciplinary action for
giving the information.
Note— See for example the
Hospital and Health Boards Act 2011 , section 142 .
(6) Also, merely
because the person gives the information, the person can not be held to
have— (a) breached any code of professional etiquette or ethics; or
(b)
departed from accepted standards of professional conduct.
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