s. 39 (1) The Board may at any time require— (a) the department head of any department or S. 38(1)(a) amended by any other person or body who or which Nos 46/1998 employs or uses the services of a person who s. 7(Sch. 1), 84/1998 s. 56. is a member to furnish any returns and information with respect to any person as the Board may require for the purpose of this Act, including without limiting the generality of the foregoing, particulars of the name, sex, date of birth, date of appointment, date of commencement of duty, rate of salary and changes in the rate of salary, and hours of duty and changes in the hours of duty, and tax file number of that person; or (b) any member or person entitled or claiming to S. 38(1)(b) amended by be entitled to a benefit to furnish any returns No. 23/1994 and information (including the report of any s. 118(Sch. 1 item 58.2). registered medical practitioner) as the Board may require for the purposes of this Act. (2) Subject to the Freedom of Information Act S. 38(2) amended by 1982, the Board must not disclose to any person No. 23/1994 except a court or the person to whom the report s. 118(Sch. 1 item 58.2). relates information contained in the report of a registered medical practitioner given to the Board under subsection (1)(b). (3) Despite any Act or rule of law or practice to the contrary, the Board is not prevented on the ground of medical professional privilege from producing in any legal proceedings any report referred to in subsection (2). (4) Any person who, without reasonable excuse, fails, neglects or refuses to furnish the information required of him or her under this Act is liable to a penalty of not more than 10 penalty units. 39 Power of Board to reclassify in certain cases (1) If the Board is satisfied that—
(1) The Board may at any time require— S. 38(1)(a) amended by Nos 46/1998 s. 7(Sch. 1), 84/1998 s. 56. (a) the department head of any department or any other person or body who or which employs or uses the services of a person who is a member to furnish any returns and information with respect to any person as the Board may require for the purpose of this Act, including without limiting the generality of the foregoing, particulars of the name, sex, date of birth, date of appointment, date of commencement of duty, rate of salary and changes in the rate of salary, and hours of duty and changes in the hours of duty, and tax file number of that person; or S. 38(1)(b) amended by No. 23/1994 s. 118(Sch. 1 item 58.2). (b) any member or person entitled or claiming to be entitled to a benefit to furnish any returns and information (including the report of any registered medical practitioner) as the Board may require for the purposes of this Act. S. 38(2) amended by No. 23/1994 s. 118(Sch. 1 item 58.2). (2) Subject to the Freedom of Information Act 1982, the Board must not disclose to any person except a court or the person to whom the report relates information contained in the report of a registered medical practitioner given to the Board under subsection (1)(b). (3) Despite any Act or rule of law or practice to the contrary, the Board is not prevented on the ground of medical professional privilege from producing in any legal proceedings any report referred to in subsection (2). (4) Any person who, without reasonable excuse, fails, neglects or refuses to furnish the information required of him or her under this Act is liable to a penalty of not more than 10 penalty units. s. 39 39 Power of Board to reclassify in certain cases (1) If the Board is satisfied that—
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