189Review of withholding of information from patient

189 Review of withholding of information from patient

The following provisions govern the review of the withholding by persons of information from a patient:

(a) the Tribunal may do the review on its own motion at any time;

(b) the Tribunal must do the review on the application of any person with the necessary standing;

(c) on review, the Tribunal may –

(i) affirm the decision to withhold the information; or

(ii) set aside the decision to withhold the information;

(d) if the decision is set aside, the Tribunal may –

(i) substitute its own decision for the one set aside; or

(ii) remit the matter to the decision-maker, with or without directions, for redetermination.