Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Nothing in this
Part or a warrant issued under this Part or a requirement made in executing a
warrant prevents a person from —
(a)
refusing to answer a question or produce a book, document or record because
the answer would relate to, or the book, document or record contains,
information in respect of which the person claims legal professional
privilege;
(b)
refusing to answer a question or produce a book, document or record if the
answer, or the information in the book, document or record would tend to
incriminate the person or render the person liable to a penalty; or
(c)
refusing to answer a question which relates to medical records or to produce
medical records unless —
(i)
those medical records relate to the subject matter of the
complaint made under Part 3; and
(ii)
the person to whom the records relate, or the
person’s representative, has consented to the disclosure of information
in the records.
(2) In
subsection (1)(c)(ii) —
the person’s representative
means —
(a) a
representative recognized under section 20;
(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.