Western Australian Current Acts

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HEALTH AND DISABILITY SERVICES (COMPLAINTS) ACT 1995 - SECT 60

60 .         Power to summons and related powers

        (1)         The Director may —

            (a)         by notice in writing given to a person require the attendance of the person at a place and time specified in the notice;

            (b)         by notice in writing given to a person require the person to produce at a place and time specified in the notice any book, document, record or other thing that is in the possession or under the control of the person and that is relevant to an investigation.

        (1A)         The Director may direct a person attending in response to a notice under subsection (1) —

            (a)         to give such information as is requested in relation to any matter; or

            (b)         to answer a question put to the person.

        (2)         The Director may —

            (a)         require a person who appears to take an oath or make an affirmation; and

            (b)         administer an oath or affirmation to the person.

        (3)         The Director may inspect any book, document, record or other thing produced and retain it for such reasonable period as he or she thinks fit, and make copies of it or any of its contents.

        (4)         A person required to appear or produce documents or other things under subsection (1) must do so in person but may be represented by another person.

        (5)         If the Director gives a notice to a person under subsection (1), the notice must state that —

            (a)         under this Act, the person is required to comply with the notice; and

            (b)         refusal or failure to do so may constitute an offence under section 62(1).

        (6)         If the Director gives a direction to a person under subsection (1A), the Director must inform the person that —

            (a)         under this Act, the person is required to comply with the direction; and

            (b)         refusal or failure to do so may constitute an offence under section 62(1).

        [Section 60 amended: No. 35 of 2022 s. 33.]



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