Western Australian Numbered Acts

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WORKERS COMPENSATION AND INJURY MANAGEMENT ACT 2023 (NO. 21 OF 2023) - SECT 373

373 .         Legal professional privilege in relation to medical reports

        (1)         A legal practitioner is not excused from complying with a requirement under this Part to answer a question in relation to a medical report or produce a medical report on the ground that the answer to the question would disclose, or the report contains, a privileged communication made by or to the legal practitioner in their capacity as a legal practitioner.

        (2)         Subsection (1) applies only in respect of a question or report that relates directly to the treatment, nature or extent of impairment, or assessment of degree of impairment, of a worker.

        (3)         A legal practitioner required under this Part to produce a medical report complies sufficiently with the requirement by producing the report with the omission of passages that —

            (a)         do not relate directly to the treatment or nature or extent of impairment, or assessment of degree of impairment, of a worker; and

            (b)         contain a privileged communication made by or to the legal practitioner in their capacity as a legal practitioner.



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