Victorian Consolidated Legislation

Legal Profession Act 2004 - SECT 2.5.6.

Health assessment report

2.5.6. Health assessment report



(1) A health assessor conducting all or part of a health assessment of a
subject person must prepare a report about the assessment.

(2) The health assessment report must include-

   (a)  the health assessor's findings as to any material mental impairment of
        the subject person and the extent, if any, to which the impairment may
        result in the person not being a fit and proper person to engage in
        legal practice or to be admitted to the legal profession (as the case
        requires); and

   (b)  in the case of a health assessment required by the Board, if the
        health assessor finds that the person has a material mental impairment
        that may result in the person not being a fit and proper person to
        engage in legal practice-the health assessor's recommendations, if
        any, as to a condition the Board could impose on the person's
        practising certificate that would result in, or would be likely to
        result in, the person being a fit and proper person to engage in legal
        practice, despite the impairment.

(3) The health assessor must give the health assessment report to the
appropriate authority and a copy to the subject person.

(4) Despite subsection (3), if the health assessment contains information of a
medical or psychiatric nature concerning the subject person and it appears to
the health assessor that the disclosure of that information to the subject
person might be prejudicial to the subject person's mental health or well
being, the health assessor may decide not to give that information to the
subject person but to give it instead to a registered medical practitioner
nominated by the subject person.