CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 727Q Power to ask for information, documents and other things

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 727Q

    (1)     This section applies if the CYP death review committee believes on reasonable grounds that a person can give information or produce a document or something else that the committee considers necessary to allow it to exercise its functions.

    (2)     The CYP death review committee may, by written notice given to the person, require the person to give the information in writing or produce the document or other thing.

Note     Information given or contained in a document or something else produced is protected information (see ch 25).

    (3)     However, the CYP death review committee must not require a family member of a child or young person who has died to give information or produce a document or something else in relation to the child or young person.

    (4)     The notice must state how, and the time within which, the person must comply with the requirement.

    (5)     A person commits an offence if—

        (a)     the person is required by a notice under this section to give information in writing or produce a document or other thing to the CYP death review committee; and

        (b)     the person fails to give the information or produce a document or other thing to the committee as required.

Maximum penalty: 50 penalty units.

Note 1     The Legislation Act

, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege.

Note 2     Giving false information is an offence against the Criminal Code, s 338.

    (6)     Subsection (5) does not apply if the person has a reasonable excuse for failing to give the information or produce the document or other thing to the CYP death review committee as required.