HEALTH CARE COMPLAINTS ACT 1993 - SECT 99A Offence: improper disclosure of information

HEALTH CARE COMPLAINTS ACT 1993 - SECT 99A

99A Offence: improper disclosure of information

(1) If a person discloses information obtained in exercising a function under this Act and the disclosure is not made--

(a) with the consent of the person to whom the information relates, or

(b) in connection with the execution and administration of this Act, or

(c) for the purposes of any legal proceedings arising out of this Act or of any report of any such proceedings, or

(d) with other lawful excuse,

the person is guilty of an offence.

: Maximum penalty--10 penalty units or imprisonment for 6 months, or both.

(2) A person may not be compelled in any legal proceedings to give evidence about, or produce documents containing, any information obtained in exercising a function under this Act.

(2A) A professional council, or a person exercising functions on behalf of a professional council, may not be compelled in any legal proceedings to give evidence about, or produce documents containing, information exchanged between a professional council and the Commission under this Act or the Health Practitioner Regulation National Law (NSW) .

(3) Subsections (2) and (2A) do not apply to the following proceedings--

(a) proceedings under the Royal Commissions Act 1923 ,

(b) proceedings before the Independent Commission Against Corruption,

(c) proceedings under Part 3 of the Special Commissions of Inquiry Act 1983 ,

(d) an inquiry under the Ombudsman Act 1974 ,

(e) in relation to subsection (2A)--proceedings under the Health Practitioner Regulation National Law (NSW) , but only if--

(i) the professional council is a party to the proceedings, and

(ii) the information is necessary for the just and equitable resolution of the proceedings.