HEALTH CARE COMPLAINTS ACT 1993 - SECT 34A
Power of Commission to obtain information, records and evidence
HEALTH CARE COMPLAINTS ACT 1993 - SECT 34A
Power of Commission to obtain information, records and evidence
34A Power of Commission to obtain information, records and evidence
(1) If
the Commission is investigating 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 investigation,
the Commission may, by notice in writing given to the person, require the
person to do any one or more of the following--
(a) to give the Commission, by
writing signed by the person (or, in the case of a corporation, by a competent
officer of the corporation) and within such time as is reasonable, and in the
manner, 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.
(3) 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 ).
(4) 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 a requirement under subsection
(4) may constitute unsatisfactory professional conduct under the Health
Practitioner Regulation National Law (NSW) .
