Western Australian Current Acts

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HEALTH AND DISABILITY SERVICES (COMPLAINTS) ACT 1995 - SECT 67

67 .         Information etc. that may be withheld

        (1)         Nothing in this Part or a warrant issued under this Part or a requirement made in executing a warrant prevents a person from —

            (a)         refusing to answer a question or produce a book, document, record or other thing because the answer would relate to, or the book, document, record or thing contains, information in respect of which the person claims legal professional privilege; or

            (b)         refusing to answer a question or produce a book, document, record or thing if the answer, or the information in the book, document, record or thing would tend to incriminate the person or render the person liable to a penalty; or

            (c)         refusing to answer a question which relates to medical records or to produce medical records unless —

                  (i)         those medical records relate to the subject matter of the complaint made under Part 3; and

                  (ii)         the person to whom the records relate, or the person’s representative, has consented to the disclosure of information in the records.

        (2)         In subsection (1)(c)(ii) —

        person’s representative means —

            (a)         a representative recognized under section 20; or

            (b)         a guardian of the person under the Guardianship and Administration Act 1990 ; or

            (c)         in the case of a minor, a parent or guardian of the minor.

        [Section 67 amended: No. 35 of 2022 s. 38.]



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