HEALTH CARE COMPLAINTS ACT 1993 - SECT 99B Disclosure of information to certain persons or bodies

HEALTH CARE COMPLAINTS ACT 1993 - SECT 99B

99B Disclosure of information to certain persons or bodies

(1) The Commission or a member of staff of the Commission may, at the Commission's discretion, disclose information obtained in exercising a function under this Act to any of the following--

(a) the Minister,

(b) any court, tribunal or other person acting judicially,

(c) any person or body regulating health service providers in Australia,

(d) any officer of, or Australian legal practitioner instructed by, any of the following--

(i) any authority regulating health service providers in Australia,

(ii) the Commonwealth or a State or Territory,

(iii) an authority of the Commonwealth or of a State or Territory,

(e) any investigative or prosecuting authority established by or under legislation,

(f) a police officer if the Commission suspects on reasonable grounds that the information relates to an offence that may have been committed,

(g) an investigator carrying out an investigation, examination or audit in relation to a health service provider,

(h) a health service provider that is the subject of an investigation under this Act,

(i) a client of a health service provider that has been the subject of an investigation under this Act, but only to the extent the information relates to that client.

(2) The Commission may exercise its discretion under subsection (1) to disclose, or authorise a member of the Commission's staff to disclose, information only if--

(a) the Commission considers the public interest in disclosing the information outweighs the public interest in protecting the confidentiality of the information and the privacy of any person to whom the information relates, and

(b) the Commission has had due regard to the principle set out in section 3 (2).