Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:10:p46
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 10 (pt 46/63)
Character Range: 1675395–1678199

performance of the particular activity in respect of which the medical certificate is sought—the person who carried out the assessment.
 (5) An authorisation under paragraph (2)(d) does not require a person, organisation, body or authority to disclose:
 (a) information or a document that was collected for use as evidence in a legal proceeding, and has not been tendered or admitted as evidence in a court; or
 (b) information or a document that could not, because of Part 3.10 of the Evidence Act 1995, be given in evidence in a proceeding to which that Part applies.
Note: Part 3.10 of the Evidence Act 1995 is about: client legal privilege; religious confessions; self‑incrimination in other proceedings; and evidence excluded in the public interest. For details, see that Act.
 (6) For paragraph (2)(d), the persons, organisations, bodies or authorities are as follows:
 (a) a medical practitioner;
 (b) any other person or organisation (including a hospital) that has made a physical, psychological or psychiatric examination of the applicant;
 (c) any other person or organisation (including a hospital) that has treated the applicant for a medically significant condition;
 (d) an employer (including a former employer) of the applicant;
 (e) any other person, organisation, body or authority (including a police force or police service and, subject to Part VIIC of the Crimes Act 1914, a court) that holds information or a document of the kind referred to in paragraph (2)(d).
 (7) CASA must not issue a medical certificate to an applicant if it is satisfied that the applicant:
 (a) has knowingly or recklessly made a false or misleading statement in relation to the application for the medical certificate; or
 (b) does not satisfy the requirements of this regulation; or
 (c) has not, in the course of undergoing a relevant examination for the medical certificate, complied with a request made under subregulation 67.170(1).
 (8) A medical certificate issued to an applicant who does not meet the relevant medical standard for the issue of the certificate, or to whom subparagraph (2)(f)(ii) applies, must bear a note of that fact.
 (9) The fact that an applicant who does not meet the relevant medical standard in all respects has previously been issued with a medical certificate under subparagraph (2)(e)(ii) or (f)(ii) does not automatically entitle him or her to the issue of a further such medical certificate.

67.185  Notice of decision to refuse medical certificate
 (1) If:
 (a) CASA refuses to issue a medical certificate to a person; and
 (b) the reasons for the refusal included that the person failed to meet the relevant medical standard;
the notice given to the person under regulation 11.060 must state the respects in which the person did not meet the standard.
 (2) Failure