Commonwealth Consolidated Acts

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NATIONAL HEALTH ACT 1953 - SECT 98E

Secrecy

  (1)   The Chairperson may, if he or she thinks it desirable to do so, give a direction in writing that any document, or evidence or other material, presented to the Tribunal in a proceeding before the Tribunal shall be treated as confidential.

  (2)   Where a direction is given under subsection   (1) in relation to any document or evidence or other material:

  (a)   a person who, by virtue of the person's office or employment under or for the purposes of this Act, has acquired any information obtained from that document or evidence or other material shall not, either directly or indirectly, except in the performance of a duty or the exercise of a function under or in connection with this Act, make a record of, or divulge or communicate to any person, that information; and

  (b)   a person who, by virtue of the person's office or employment under or for the purposes of this Act, has access to that document or a record of that evidence or other material shall not be required to produce in a court, or to permit a court to have access to, that document or record, except when it is necessary to do so for the purposes of, or of a prosecution under or arising out of, this Act.


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