18Obligation to co-operate

18 Obligation to co-operate

18 Obligation to co-operate

(1) The government department or agency, or the non-government agency, must use its best endeavours to comply with a request made to it under section 17 if it is consistent with its own responsibilities and does not unduly prejudice the discharge of its functions.

(2) Subsection (1) does not, in the case of a non-government agency in receipt of government funding, limit any obligation imposed on the agency in accordance with the agreement under which it receives that funding.

(3) To avoid doubt, a reference in subsection (1) to the responsibilities and functions of a department or agency includes, in the case of its provision of health services—

(a) its responsibilities under the Medicare Principles and Commitments (adopted under section 68 of the Health Services Act 1997) in the provision of public hospital services, and

(b) its functions in clinical decision-making.

s 18: Am 2009 No 13, Sch 1.2 [4] [5]; 2018 No 81, Sch 1 [5].