sec.36TInformation not to be given in evidence

### sec.36T Information not to be given in evidence A stated person is neither competent nor compellable— to produce in a proceeding, or in compliance with a requirement under an Act or legal process, any document in the person’s possession or under the person’s control created— by, or at the request of, a person under this part; or solely for the conduct of an RCA of a reportable event; or to divulge or communicate in a proceeding, or in compliance with a requirement under an Act or legal process, information that came to the person’s notice as a stated person. Subsection (1) does not apply to a requirement made in proceedings for an alleged offence against this part or section 49 by the stated person. In this section— information includes— the identity of a member of an RCA team; and information from which a member of an RCA team could be identified. stated person means a person who is or was any of the following— a member of an RCA team; the commissioning authority; a relevant person for an RCA team or the commissioning authority; a person who performs functions for the medical director. s 36T ins 2007 No. 28 s 50 amd 2013 No. 36 s 331 sch 1 (sec.36T-ssec.1) A stated person is neither competent nor compellable— to produce in a proceeding, or in compliance with a requirement under an Act or legal process, any document in the person’s possession or under the person’s control created— by, or at the request of, a person under this part; or solely for the conduct of an RCA of a reportable event; or to divulge or communicate in a proceeding, or in compliance with a requirement under an Act or legal process, information that came to the person’s notice as a stated person. (sec.36T-ssec.2) Subsection (1) does not apply to a requirement made in proceedings for an alleged offence against this part or section 49 by the stated person. (sec.36T-ssec.3) In this section— information includes— the identity of a member of an RCA team; and information from which a member of an RCA team could be identified. stated person means a person who is or was any of the following— a member of an RCA team; the commissioning authority; a relevant person for an RCA team or the commissioning authority; a person who performs functions for the medical director. - (a) to produce in a proceeding, or in compliance with a requirement under an Act or legal process, any document in the person’s possession or under the person’s control created— (i) by, or at the request of, a person under this part; or (ii) solely for the conduct of an RCA of a reportable event; or - (i) by, or at the request of, a person under this part; or - (ii) solely for the conduct of an RCA of a reportable event; or - (b) to divulge or communicate in a proceeding, or in compliance with a requirement under an Act or legal process, information that came to the person’s notice as a stated person. - (i) by, or at the request of, a person under this part; or - (ii) solely for the conduct of an RCA of a reportable event; or - (a) the identity of a member of an RCA team; and - (b) information from which a member of an RCA team could be identified. - (a) a member of an RCA team; - (b) the commissioning authority; - (c) a relevant person for an RCA team or the commissioning authority; - (d) a person who performs functions for the medical director.