Victorian Consolidated Legislation

Legal Profession Act 2004 - SECT 2.5.8.

Use of health assessment report

2.5.8. Use of health assessment report



(1) A health assessment report about a subject person is not admissible in any
proceeding, and a person cannot be compelled to produce the report or to give
evidence about the report or its contents in any proceeding.

(2) Subsection (1) does not apply in relation to a proceeding-

   (a)  on a review or appeal by the subject person against a decision of the
        Board, or of a corresponding authority in another jurisdiction-

   (i)  refusing to grant or renew a practising certificate; or

   (ii) imposing conditions on a practising certificate; or

   (iii) amending, suspending or cancelling a practising certificate; or

   (b)  on an appeal under section 2.3.11 against a decision of the Board of
        Examiners with respect to the subject person's application for
        admission to the legal profession.

(3) Subsection (1) does not apply if the report is admitted or produced, or
evidence about the report or its contents is given, in a proceeding with the
consent of the subject person to whom the report relates.





(4) In this section-

report means a health assessment report prepared under this Division or under
provisions of a corresponding law, and includes a copy of a report or a part
of a report or copy.

Division 4-General