29 Jun 2006
C V COMPLAINTS ASSESSMENT COMMITTEE SC 27/2005
- Citation
- SC 27/2005
- Court
- Supreme Court
Majority held that s 32 creates a patient privilege that prevents disclosure of 'protected communications' in proceedings before the Medical Practitioners Disciplinary Tribunal including pre-hearing production under cl 7; the privilege belongs to the patient and continues to protect communications and records of those communications even when held by third parties (including the Complaints Assessment Committee or the patient herself) until the patient consents to disclosure in the proceedings (expressly or by conduct amounting to waiver); s 35 is a discretionary mechanism to excuse disclosure…