91AExpert assistance

#### 91A Expert assistance 91A Expert assistance > > (1) The Commission may obtain a report from a person (an expert), including a registered health practitioner, who, in the Commission’s opinion, is sufficiently qualified or experienced to give expert advice on the matter the subject of the complaint. > > > (2) The Commission must not obtain a report from an expert who has a financial connection with the health practitioner against whom the complaint is made. > > > (3) If the Commission seeks to obtain a report from an expert under this section in relation to a complaint, the Commission must provide the expert with all the relevant information about the complaint that is in the Commission’s possession. > > > (4) The expert must include in the expert’s report, or annex to the report, a statement in the following form, completed as appropriate— > > > > I *have/do not have* a personal, financial or professional connection with the person against whom the complaint is made. Particulars of the connection are as follows— > > ............................................................ > > ............................................................ > > ............................................................ > > Dated— > > Signature............................................................ > > > (5) The expert’s report— > > > > > (a) may be used in— > > > > > > > (i) proceedings under this Act, or > > > > > > > (ii) disciplinary or related proceedings under the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a), but > > > > > (b) may not be admitted or used in any other proceedings before a court, tribunal or body, except with the consent of— > > > > > > > (i) the expert, and > > > > > > > (ii) the complainant, and > > > > > > > (iii) the person against whom the complaint is made. > > > (6) The expert, the Commission or the Commissioner may not be compelled to— > > > > > (a) produce the report in proceedings before a court, tribunal or body, other than— > > > > > > > (i) proceedings under this Act, or > > > > > > > (ii) disciplinary or related proceedings under the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a) or this Act. > > > > > (b) give evidence in relation to the report or the report contents in proceedings before a court, tribunal or body, other than— > > > > > > > (i) proceedings under this Act, or > > > > > > > (ii) disciplinary or related proceedings under the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a). > > > (7) In this section— > > > > report includes— > > > > > (a) a copy, a reproduction and a duplicate, and > > > > > (b) a part of the report, copy, reproduction or duplicate. > > **s 91A:** Ins 2024 No 26, Sch 1\[9\].