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), 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