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HEALTH PRACTITIONER REGULATION NATIONAL LAW (NSW) - SECT 216 Duty of confidentiality

HEALTH PRACTITIONER REGULATION NATIONAL LAW (NSW) - SECT 216

Duty of confidentiality

216 Duty of confidentiality

(1) A person who is, or has been, a person exercising functions under this Law must not disclose to another person protected information.
: Maximum penalty--
(a) in the case of an individual--$5,000; or
(b) in the case of a body corporate--$10,000.
(2) However, subsection (1) does not apply if--
(a) the information is disclosed in the exercise of a function under, or for the purposes of, this Law; or
(b) the disclosure--
(i) is to a co-regulatory authority; or
(ii) is authorised or required by any law of a participating jurisdiction; or
(ba) for a person exercising functions under a NSW provision, the disclosure is to the National Agency or a National Board; or
Note : See also section 176F which provides for the confidentiality of protected reports.
Note : This paragraph is an additional New South Wales provision.
(c) the disclosure is otherwise required or permitted by law; or
(d) the disclosure is with the agreement of the person to whom the information relates; or
(e) the disclosure is in a form that does not identify the identity of a person; or
(f) the information relates to proceedings before a responsible tribunal and the proceedings are or were open to the public; or
(g) the information is, or has been, accessible to the public, including because it is or was recorded in a National Register; or
(h) the disclosure is otherwise authorised by the Ministerial Council.