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In forceAmended2020 Revised Edition

Part 7 · Disciplinary Proceedings and Inquiries

59X. Confidentiality of information

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Amended

Last amended by an amending law of 2020.

(1)

A person to whom this section applies is not compellable in any proceedings to give evidence in respect of, or to produce any document containing any information which has been obtained in the course of, a performance assessment or fitness assessment under section 52 or 53 except in —

(a)

an inquiry by any Inquiry Committee, Complaints Committee, Disciplinary Tribunal, Health Committee or Interim Orders Committee; (b)a review by any Review Committee; or

(c)

a prosecution for an offence.

(2)

A person to whom this section applies must not disclose any information contained in any document that may have come to the person’s knowledge in the course of a performance assessment or fitness assessment under section 52 or 53 unless the disclosure is made —

(a)

under or for the purpose of administering or enforcing this Act or the Infectious Diseases Act 1976*; or

(b)

for any other purpose with the consent of the person to whom the information relates.

(3)

This section applies to —

(a)

a member of a Performance Assessment Panel or Fitness Assessment Panel;

(b)

an investigator appointed under section 60A to carry out an investigation under this Part;

(c)

a member of any Inquiry Committee, Complaints Committee, Review Committee, Disciplinary Tribunal, Health Committee or Interim Orders Committee; and

(d)

a member or an officer or an agent, of the Medical Council or Disciplinary Commission.

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