s. 32 with or proceedings before the Commissioner— is guilty of an offence. 10 penalty units. 31 Protection for Commissioner, officers and parties to proceedings (1) Section 21A of the S. 31(1) Evidence (Miscellaneous amended by Provisions) Act 1958 applies to conciliation and No. 69/2009 investigation proceedings and inquiries under this s. 54(Sch. Pt 2 item 26). Act and the reports of the Commissioner as if the Commissioner or the Commissioner's delegate or a conciliator were a board appointed by the Governor in Council. (2) A proceeding or purported proceeding or a decision or purported decision of the Commissioner, the Commissioner's delegate or a conciliator cannot be quashed, declared invalid, reviewed, appealed against, challenged or otherwise called in question unless it is a proceeding or purported proceeding or decision or purported decision in exercise of the powers of investigation or inquiry conferred by this Act. 32 Confidentiality (1) In this section— means information S. 32(1) def. of confidential information confidential gained because of a person's position and information amended by includes a return prepared under section 33 Nos 42/1991 but does not include information to which s. 11(a), 2/2001 section 90 of the Health Records Act 2001 s. 105(n). applies gained because of a person's position, other than a position as a member of the Health Services Review Council;
with or proceedings before the Commissioner— is guilty of an offence. 10 penalty units. 31 Protection for Commissioner, officers and parties to proceedings S. 31(1) amended by No. 69/2009 s. 54(Sch. Pt 2 item 26). (1) Section 21A of the Evidence (Miscellaneous Provisions) Act 1958 applies to conciliation and investigation proceedings and inquiries under this Act and the reports of the Commissioner as if the Commissioner or the Commissioner's delegate or a conciliator were a board appointed by the Governor in Council. (2) A proceeding or purported proceeding or a decision or purported decision of the Commissioner, the Commissioner's delegate or a conciliator cannot be quashed, declared invalid, reviewed, appealed against, challenged or otherwise called in question unless it is a proceeding or purported proceeding or decision or purported decision in exercise of the powers of investigation or inquiry conferred by this Act. 32 Confidentiality s. 32 (1) In this section— S. 32(1) def. of confidential information amended by Nos 42/1991 s. 11(a), 2/2001 s. 105(n). confidential information means information gained because of a person's position and includes a return prepared under section 33 but does not include information to which section 90 of the Health Records Act 2001 applies gained because of a person's position, other than a position as a member of the Health Services Review Council;
87-25a051.docx