16Certain information unable to be requested by Implementation Monitor

16 Certain information unable to be requested by Implementation Monitor

(1)  In performing the functions or exercising the powers of the Implementation Monitor, the Implementation Monitor does not have the authority to require a relevant Agency to give to the Implementation Monitor –

(a) information, or a document, that is subject to a lawful claim or right of privilege; or

(b) information that –

(i) relates to the physical, mental or psychological health of a specific individual; and

(ii) has been communicated to a medical practitioner, paramedic, registered nurse or enrolled nurse for the purposes of treatment of the individual; or

(c) information that may incriminate a person in respect of an offence or crime.

(2)  For the avoidance of doubt, if the Implementation Monitor receives information to which subsection (1) applies, nothing in this Act prevents the Implementation Monitor from disclosing that information if the disclosure –

(a) is to an entity including, but not limited to, an entity prescribed for the purposes of this subsection; and

(b) is for the purpose of that entity investigating a matter, or concern, within the information.