16Secretary must take into account psychological report—the Act, s 40A(3)

16 Secretary must take into account psychological report—the Act, s 40A(3)

16 Secretary must take into account psychological report—the Act, s 40A(3)

(1) In forming an opinion under the Act, section 40A(3) that contact between the applicant and the person whose information is proposed to be disclosed is justified, the Secretary must take into account a report that—

(a) has been prepared by—

(i) a medical practitioner with expertise in mental health, or

(ii) a psychologist, and

(b) considers whether the contact is justified to protect the welfare and best interests of the applicant and the person whose information is proposed to be disclosed.

(2) The report must—

(a) be obtained by the applicant at the applicant’s cost, and

(b) accompany the application.