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Health Practitioners Competence Assurance Act 2003

3: Competence, fitness to practise, and quality assurance

59   Confidentiality of information

    59 Confidentiality of information

  (1)  Subject to section 60, no person who obtains any information that became
known solely as a result of a protected quality assurance activity may, except
for the purposes of that activity (including compliance with the reporting
requirements under section 58) or in accordance with a Ministerial
authority,---

      (a)  make a record of that information; or

      (b)  disclose that information to another person or in any judicial
proceeding or investigation.

  (2)  Subsection (1) applies whether the person obtained the information in
the course of engaging in the protected quality assurance activity or as a
result
of a disclosure in accordance with a Ministerial authority or in any other
way.

  (3)  Subject to section 60, no person may be required---

      (a)  to produce in any judicial proceeding or investigation any document
that was brought into existence solely for the purposes of the quality
assurance
activity; or

      (b)  to disclose in any judicial proceeding or investigation any
information that became known solely as a result of any such activity.

  (4)  Subsection (3) does not apply if it is necessary to produce a document
or disclose information for the purposes of a protected quality assurance
activity
or in accordance with a Ministerial authority.

  (5)  Even though an activity has since ceased to be a protected quality
assurance activity, this section continues to apply in respect of---

      (a)  information that became known solely as a result of the activity at
any time when it was a protected quality assurance activity; and

      (b)  documents brought into existence solely for the purposes of that
activity at any time when it was a protected quality assurance activity.

  (6)  Every person commits an offence and is liable on summary conviction to a
fine not exceeding $10,000 who acts in contravention of subsection (1).
Compare: 1995 No 95 ss 70, 142(1)(b)

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