DISABILITY SERVICES ACT 1993 - SECT 41

DISABILITY SERVICES ACT 1993 - SECT 41

41 .         Director’s powers on investigation

        (1)         In this section —

        person’s representative means —

            (a)         the person’s representative recognised under section 32(2); or

            (b)         a guardian of the person under the Guardianship and Administration Act 1990 ; or

            (c)         in the case of a minor, a parent or guardian of the minor;

        relevant information means information that is relevant to an investigation under section 40;

        relevant record means a record of information, however compiled, recorded or stored, that is relevant to an investigation under section 40.

        (2)         The Director may, by notice in writing given to a person, require the person —

            (a)         to furnish the Director with a statement signed by the person or, in the case of a body corporate, by an officer of the body corporate, containing such relevant information as is specified in the notice;

            (b)         to produce to the Director such relevant records as are specified in the notice.

        (3)         The Director is not to issue a notice under subsection (2) to a person unless the Director has reason to believe that the person is capable of furnishing the relevant information or producing the relevant records, as the case may be.

        (4)         A notice under subsection (2) is to specify the time and place for furnishing the relevant information or producing the relevant records, as the case may be.

        (5)         Where a relevant record is produced in accordance with a notice under this section, the Director may —

            (a)         take possession of and retain it for such reasonable period as is necessary for the purposes of the investigation;

            (b)         inspect it and make copies of it;

            (c)         during that period permit a person who would be entitled to inspect the record if it were not in the possession of the Director to inspect it.

        (6)         Nothing in this section prevents a person from —

            (a)         refusing to disclose relevant information or to produce a relevant record because it contains information in respect of which there is legal professional privilege;

            (b)         refusing to produce medical records except where —

                  (i)         those medical records relate to the subject matter of the complaint; and

                  (ii)         the person to whom the records relate, or the person’s representative, has consented to the disclosure of information in the records.

        (7)         A person who has been given a notice under this section must not, without reasonable excuse, proof of which is on the person, refuse or fail —

            (a)         to furnish relevant information; or

            (b)         to produce a relevant record.

        Penalty:             (a)         in the case of an individual — $1 000;

            (b)         in the case of a body corporate — $5 000.

        (8)         A person who has been given a notice under this section must not, without reasonable excuse, proof of which is on the person, furnish relevant information, or produce a relevant record, that the person knows is false or misleading in a material respect.

        Penalty: $2 500.

        [Section 41 amended: No. 44 of 1999 s. 22; No. 33 of 2010 s. 46; No. 4 of 2015 s. 80.]