New South Wales Consolidated Acts

HEALTH CARE COMPLAINTS ACT 1993 - SECT 30

30 Expert assistance

(1) In investigating a complaint, the Commission may obtain a report from a person (including a person registered under a health registration Act) who, in the opinion of the Commission, is sufficiently qualified or experienced to give expert advice on the matter the subject of the complaint.

(2) The Commission may not obtain a report from a person who has a financial connection with the health practitioner against whom the complaint is made.

(2A) If the Commission seeks to obtain a report from a person under this section in relation to a complaint, the Commission is to provide the person with all relevant information concerning the complaint that is in the possession of the Commission.

(3) The person giving the report must include in it, or annex to it, a statement in the following form, completed as appropriate:

I have/do not have a personal, financial or professional connection with the person against whom the complaint is made. Particulars of the connection are as follows:

Dated thisday of19.
Signature

(4) Such a report may be used in disciplinary or related proceedings under a health registration Act but may not be admitted or used in any other proceedings before a court, tribunal or body, except with the consent of the person giving the report, the complainant and the person against whom the complaint is made.

(5) A person from whom such a report is obtained, the Commission or the Commissioner may not be compelled to produce the report or to give evidence in relation to the report or its contents in any such other proceedings.

(6) In this section, "report" includes a copy, reproduction and duplicate of the report or any part of the report, copy, reproduction or duplicate.