HEALTH RECORDS ACT 2001 - SECT 90 Secrecy

HEALTH RECORDS ACT 2001 - SECT 90

S. 90(1) amended by No. 22/2016 s. 229(a).

    (1)     A person who is, or has been, the Health Complaints Commissioner, an acting Health Complaints Commissioner, a delegate of the Health Complaints Commissioner or an employee in the office of the Health Complaints Commissioner must not, directly or indirectly, make a record of, disclose or communicate to any person any information relating to the affairs of any individual or organisation acquired in the performance of functions or duties or the exercise of powers under this Act, unless—

        (a)     it is necessary to do so for the purposes of, or in connection with, the performance of a function or duty or the exercise of a power under, or in relation to, this, or any other, Act; or

        (b)     the individual or organisation to whom the information relates gives written consent to the making of the record, disclosure or communication.

Penalty:     60 penalty units.

S. 90(2) amended by No. 22/2016 s. 229(b).

    (2)     A person who is, or has been, the Health Complaints Commissioner, an acting Health Complaints Commissioner, a delegate of the Health Complaints Commissioner or an employee in the office of the Health Complaints Commissioner must not disclose or communicate to any person any information given to the Health Complaints Commissioner pursuant to a requirement made under Division 3 of Part 6 (including information contained in a document required to be produced to the Health Complaints Commissioner) unless all parties to the conciliation consent to the making of the disclosure or communication.

Penalty:     60 penalty units.

    (3)     Subsection (2) does not prevent—

S. 90(3)(a) amended by No. 22/2016 s. 229(c).

        (a)     the disclosure to the Health Complaints Commissioner, an acting Health Complaints Commissioner, a delegate of the Health Complaints Commissioner or an employee in the office of the Health Complaints Commissioner of whether the conciliation under Division 3 of Part 6 was successful and the terms of any agreement reached; or

S. 90(3)(b) amended by No. 22/2016 s. 229(d).

        (b)     the making of a recommendation that the Health Complaints Commissioner should investigate a complaint under Division 4 of Part 6.

S. 90(4) amended by No. 22/2016 s. 229(e).

    (4)     A person who is, or has been, the Health Complaints Commissioner, an acting Health Complaints Commissioner, a delegate of the Health Complaints Commissioner or an employee in the office of the Health Complaints Commissioner must not disclose or communicate to any person, other than a person employed in the office of the Health Complaints Commissioner, any information given to the Health Complaints Commissioner pursuant to a requirement made under Division 4 of Part 6 (including information contained in a document required to be produced to the Health Complaints Commissioner) unless—

        (a)     he or she has notified the person from whom the information was obtained of the proposal to disclose or communicate that information; and

        (b)     he or she has given that person a reasonable opportunity to object to the disclosure or communication; and

        (c)     that person has not objected to the disclosure or communication.

Penalty:     60 penalty units.