Victorian Current Acts

PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 43

    (1)     A person must not, and cannot, be required to produce before any court or tribunal or any board, agency or other person any document in the person's possession or under the person's control that is the original or a copy of a document that was—

        (a)     created for the sole purpose of providing information to a prescribed Consultative Council; and

        (b)     provided to the prescribed Consultative Council by or on behalf of that person.

    (2)     Except in the case of information or reports published by a prescribed Consultative Council, the following is not admissible in any action or proceedings before any court or tribunal or any board, agency or other person—

        (a)     evidence of any other information or reports obtained by or in the possession of a prescribed Consultative Council;

        (b)     evidence of or about a document to which subsection (1) applies.

    (3)     The Freedom of Information Act 1982 does not apply to a document or any information referred to in subsection (1) or (2).

    (4)     Part 5 and HPP 6 of the Health Records Act 2001 do not apply to a document or any information referred to in subsection (1) or (2).

Division 3—Provisions applying to the Consultative Council on Obstetric and Paediatric Mortality and Morbidity