Women’s Charter 1961 · s 59C

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—(1) If a protector reasonably believes that a person (Z) has information about whether another person (Y) has experienced, is experiencing or is at risk of family violence, the protector may do one or both of the following:(a)direct Z to give the information to the protector —(i)in writing within the time specified in the direction; or(ii)in person at the time and place specified in the direction;(b)at any reasonable time, examine and take copies of —(i)any health record relating to Y that is kept by Z; or(ii)any record relating to Y that is kept by Z and compiled in connection with a social services function.(2) A person who gives a protector information or access to a record under subsection (1) —(a)is not, by virtue of doing so, to be regarded in any proceedings before any court of law or tribunal or in any other respect —(i)to have breached any code of professional etiquette or ethics; or(ii)to have departed from any accepted form of professional conduct; and(b)to the extent the person has acted in good faith and with reasonable care, incurs no civil or criminal liability in relation to the giving of the information or access to the record.(3) A person commits an offence if the person —(a)without reasonable excuse, fails to comply with a direction under subsection (1)(a);(b)obstructs a person from complying with a direction under subsection (1)(a); or(c)without reasonable excuse, fails to give a protector access to a health record or other record under subsection (1)(b).(4) A person who is guilty of an offence under subsection (3) shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.
If a protector reasonably believes that a person (Z) has information about whether another person (Y) has experienced, is experiencing or is at risk of family violence, the protector may do one or both of the following:(a)direct Z to give the information to the protector —(i)in writing within the time specified in the direction; or(ii)in person at the time and place specified in the direction;(b)at any reasonable time, examine and take copies of —(i)any health record relating to Y that is kept by Z; or(ii)any record relating to Y that is kept by Z and compiled in connection with a social services function.
A person who gives a protector information or access to a record under subsection (1) —(a)is not, by virtue of doing so, to be regarded in any proceedings before any court of law or tribunal or in any other respect —(i)to have breached any code of professional etiquette or ethics; or(ii)to have departed from any accepted form of professional conduct; and(b)to the extent the person has acted in good faith and with reasonable care, incurs no civil or criminal liability in relation to the giving of the information or access to the record.
A person commits an offence if the person —(a)without reasonable excuse, fails to comply with a direction under subsection (1)(a);(b)obstructs a person from complying with a direction under subsection (1)(a); or(c)without reasonable excuse, fails to give a protector access to a health record or other record under subsection (1)(b).
A person who is guilty of an offence under subsection (3) shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.

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s 59CPower to obtain information and examine records, etc.

(1)

If a protector reasonably believes that a person (Z) has information about whether another person (Y) has experienced, is experiencing or is at risk of family violence, the protector may do one or both of the following:

(a)

direct Z to give the information to the protector —

(i)

in writing within the time specified in the direction; or

(ii)

in person at the time and place specified in the direction;

(b)

at any reasonable time, examine and take copies of —

(i)

any health record relating to Y that is kept by Z; or

(ii)

any record relating to Y that is kept by Z and compiled in connection with a social services function.

(2)

A person who gives a protector information or access to a record under subsection (1) —

(a)

is not, by virtue of doing so, to be regarded in any proceedings before any court of law or tribunal or in any other respect —

(i)

to have breached any code of professional etiquette or ethics; or

(ii)

to have departed from any accepted form of professional conduct; and

(b)

to the extent the person has acted in good faith and with reasonable care, incurs no civil or criminal liability in relation to the giving of the information or access to the record.

(3)

A person commits an offence if the person —

(a)

without reasonable excuse, fails to comply with a direction under subsection (1)(a);

(b)

obstructs a person from complying with a direction under subsection (1)(a); or

(c)

without reasonable excuse, fails to give a protector access to a health record or other record under subsection (1)(b).

(4)

A person who is guilty of an offence under subsection (3) shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.