New South Wales Consolidated Acts

HEALTH ADMINISTRATION ACT 1982 - SECT 23

23 Specially privileged information

(1) The Minister may, by order published in the Gazette, authorise any specified person or body, including a council, committee or advisory body appointed under section 20 (1) or (4), to conduct research or conduct investigations into morbidity or mortality occurring within New South Wales.

(2) An authorisation under this section may be of general application or be limited by reference to specified factors or exceptions.

(3) If a person discloses any information obtained in connection with the conduct of research or investigations in accordance with an authorisation under this section (whether or not the authorisation is still in force at the time of the disclosure) and the disclosure is not made:

(a) with the consent of the person from whom the information was obtained, or

(b) with the approval of the Minister,

that person is guilty of an offence against this Act and, on conviction by a court of summary jurisdiction, liable to a penalty not exceeding 10 penalty units or to imprisonment for a term not exceeding 6 months.

(4) Notwithstanding anything in subsection (3), a person who has obtained any information in connection with the conduct of research or investigations in accordance with an authorisation under this section is neither competent nor compellable in any proceedings to answer any question, or to produce any documents, relating to any such information (whether or not the authorisation is still in force at the time of the proceedings), except with the approval of the Governor.

(5) Notwithstanding anything in subsection (3), an order under section 14F (1) of the Coroners Act 1980 , in relation to a person who died or may have died as referred to in section 13 (1) (f) of that Act, does not require the production of a document or writing containing information obtained in connection with the conduct of research or investigations in accordance with an authorisation under this section (whether or not the authorisation is still in force at the time the order is served), where the information was obtained from a person who administered or was involved in the administration of the anaesthetic concerned.

(6) Without limiting the operation of this section, this section has effect notwithstanding anything in the Coroners Act 1980 .

(7) An authorisation may be given under this section so as to operate retrospectively, but not so as thereby to affect a disclosure already made.