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HEALTH COMPLAINTS ACT 2016 (NO. 22 OF 2016) - SECT 41 Health service provider may be required to produce documents in conciliation

HEALTH COMPLAINTS ACT 2016 (NO. 22 OF 2016) - SECT 41

Health service provider may be required to produce documents in conciliation

    (1)     In a conciliation, the Commissioner, by written notice, may require the health service provider to produce to the Commissioner any document or other evidence specified in the notice that is held by the health service provider and—

        (a)     that forms part of the health information about the person who received or sought the health service; or

        (b)     that is about policies or protocols of the health service provider that are relevant to the subject matter of the complaint; or

        (c)     that is about investigations into the subject matter of the complaint by the health service provider.

    (2)     In a notice under subsection (1) the Commissioner must specify the time within which the document or evidence must be produced to the Commissioner, which must be no more than 20 business days after the notice is given.

    (3)     A health service provider to whom a notice is given under this section must comply with the requirements of the notice.

Penalty:     In the case of a natural person,

20 penalty units;

    In the case of a body corporate,

100 penalty units.