New South Wales Consolidated Acts

HEALTH CARE COMPLAINTS ACT 1993 - SECT 34A

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, request 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.

(2) A person to whom a request is made under subsection (1) may comply with the request, but is not required to comply with it unless the person is:

(a) the complainant, or

(b) a person against whom the complaint was made, or

(c) a health service provider.

(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 or 6C of Part 2 of the Health Administration Act 1982 ).

(4) A person who is required to comply with a request under subsection (1) must not, without reasonable excuse, fail to comply with the request.

Maximum penalty: 20 penalty units.

Note: Failure of a health practitioner to comply with a request under subsection (4) may constitute unsatisfactory professional conduct under the relevant health registration Act.