Western Australian Consolidated Acts

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HEALTH SERVICES (QUALITY IMPROVEMENT) ACT 1994 - SECT 10

10 .         Information not to be given in evidence

        (1)         A person who acquires information solely as a result of a Committee performing its functions is neither competent nor compellable in civil proceedings to divulge or communicate that information to any court, tribunal, board or person.

        (1a)         A document that was created by or at the request of a Committee, or solely for the performance of a Committee’s functions, is not subject to discovery and is not to be used in evidence in civil proceedings before any court, tribunal, board or person unless the document has been made available to the public or given to the Minister or to the governing body of the Committee.

        (2)         Subsections (1) and (1a) do not apply to — 

            (a)         a report which has been furnished, or information that has been made available, to a Committee which does not disclose, either expressly or by implication, the identity of an individual; or

            (b)         a requirement made in proceedings in respect of any act or omission by a Committee or by a member of a Committee as a member.

        (3)         This section does not limit section 9.

        [Section 10 amended by No. 61 of 2004 s. 9.]



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