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Health Practitioners Competence Assurance Act 2003

3: Competence, fitness to practise, and quality assurance

44   Confidentiality of information

    44 Confidentiality of information

  (1) No person who examines any clinical records of any health practitioner
under a requirement of a competence review, competence programme, or
recertification programme may disclose any information (being information about
any identifiable individual) obtained by that person as a result of that
examination, except for 1 or more of the following purposes:

      (a)  for the purpose of making a report to the authority in relation to
the health practitioner concerned:

      (b)  for the purposes of any criminal investigation or any criminal
proceedings taken against that health practitioner:

      (c)  for the purpose of making the information available to the person to
whom the information relates in any case where---

          (i)     the authority directs that the information be made available;

          (ii)    the person requests access to the information.

  (2)  Subsection (1)(c)(ii) does not affect the Privacy Act 1993.

  (3)  Every person commits an offence and is liable on summary conviction to a
fine not exceeding $10,000 who discloses any information in contravention of
subsection (1).

  (4) No information, statement, or admission that is disclosed or made by any
health practitioner in the course of, or for the purposes of satisfying the
requirements of, any competence review, competence programme, or
recertification programme and that relates to any conduct of that health
practitioner (whether that conduct occurred before or during that review or

      (a)  may be used or disclosed for any purpose other than the purposes of
that review or programme; or

      (b)  is admissible against that person, or any other person, in any
proceedings in any court or before any person acting judicially.
Compare: 1995 No 95 s 65

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