New South Wales Consolidated Acts

PHYSIOTHERAPISTS ACT 2001 - SECT 38

38 Medical examination of physiotherapist

(1) The Board may, before or while taking any action under this Part or Part 5 (Impairment), by notice to the physiotherapist concerned, require the physiotherapist to undergo an examination at the Board’s expense by a medical practitioner, or other appropriate health professional, specified in the notice, at any reasonable time and place specified in the notice.

(2) A failure by a physiotherapist, without reasonable cause, to comply with a notice given under this section to undergo an examination is, for the purposes of this Part or any inquiry or appeal under this Part, evidence that the physiotherapist does not have sufficient physical and mental capacity to practise physiotherapy.

(3) A medical practitioner or other health professional who conducts an examination under this section is to report to the Board on the results of the examination. The Board is to provide a copy of the report to the physiotherapist.

(4) A person must not directly or indirectly make a record of or divulge to any person any information contained in a report to the Board under this section that has come to the person’s notice in the exercise of the person’s functions under this Act, except for the purpose of exercising functions under this Act.

Maximum penalty: 50 penalty units.

(5) A person cannot be required in civil proceedings in any court to produce or permit access to any report made to the Board under this section or to divulge the contents of any such report.

(6) In this section:
"court" includes any tribunal, authority or person having power to require the production of documents or the answering of questions but does not include the Tribunal.
"report" includes a copy, reproduction and duplicate of the report or any part of the report, copy, reproduction or duplicate.