Victorian Current Acts

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MENTAL HEALTH AND WELLBEING ACT 2022 - SECT 301

Confidentiality of documents

    (1)     This section applies to any of the following documents unless the document has been published by the Health Secretary

        (a)     a document created for the sole purpose of conducting a clinical review;

        (b)     a document provided during the course of a clinical review.

    (2)     A person must not be required to produce a document to which this section applies that the person has in their possession or control to any of the following—

        (a)     a court or tribunal;

        (b)     an agency;

        (c)     any other person.

    (3)     Evidence of any information or reports obtained by or in the possession of the chief psychiatrist in the course of conducting a clinical review or evidence of or about a document to which this section applies is not admissible in any action or proceeding before—

        (a)     a court or tribunal; or

        (b)     an agency; or

        (c)     any other person.



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