HEALTH CARE COMPLAINTS ACT 1993 - SECT 21A
Power of Commission to obtain information, records and evidence
HEALTH CARE COMPLAINTS ACT 1993 - SECT 21A
Power of Commission to obtain information, records and evidence
21A Power of Commission to obtain information, records and evidence
(1) If the Commission is assessing a complaint and is of the opinion that a
person is capable of giving information, producing documents (including
medical records) or giving evidence that would assist in the assessment, the
Commission may, by written notice given to the person, require the person to
do any one or more of the following--
(a) to give the Commission, in writing
signed by the person (or, in the case of a corporation, by a competent officer
of the corporation), and within the reasonable time and in the way specified
in the notice, any such information of which the person has knowledge,
(b) to
produce to the Commission, in accordance with the notice, any such documents,
(c) to appear before the Commissioner, or a member of staff of the Commission
authorised by the Commissioner, at a time and place specified in the notice
that is reasonable and give any such evidence, either orally or in writing,
and produce any such documents.
(2) Information and documents may be given or
provided to the Commission in compliance with this section despite any other
Act or law (but not despite a provision of Division 8 of this Part or Division
6B of Part 2 or Part 2A of the Health Administration Act 1982 ).
(3) A
person who is subject to a requirement under subsection (1) must not, without
reasonable excuse, fail to comply with the requirement.
: Maximum penalty--200
penalty units.
Note : Failure of a health practitioner to comply with
subsection (3) may constitute unsatisfactory professional conduct under the
Health Practitioner Regulation National Law (NSW) .