Western Australian Current Acts

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WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 205

205 .         Legal professional privilege in relation to medical reports

        (1)         A legal practitioner is not excused from complying with a requirement under this Division to answer a question in relation to a medical report or produce a medical report on the ground that the answer to the question would disclose, or the report contains, a privileged communication made by or to the legal practitioner in his capacity as a legal practitioner.

        (2)         Subsection (1) does not apply in respect of a question that does not relate directly to the treatment, or nature or extent of impairment, or assessment of degree of impairment, of a worker.

        (3)         A medical report may be produced by the legal practitioner in compliance with a requirement under this Division with the omission of passages that —

            (a)         do not relate directly to the treatment, or nature or extent of impairment, or assessment of degree of impairment, of a worker; and

            (b)         contain a privileged communication made by or to the legal practitioner in his capacity as a legal practitioner.

        [Section 205 inserted: No. 42 of 2004 s. 130; amended: No. 31 of 2011 s. 55.]



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