Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this
section —
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;
the person’s representative
means —
(a) the
person’s advocate recognised under section 32(2);
(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.
(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.
[Section 41 amended by No. 44 of 1999
s. 22.]