New South Wales Consolidated Acts

PUBLIC HEALTH ACT 1991 - SECT 17

17 Protection of identity

(1) A medical practitioner must not state the name or address of a patient:

(a) in a certificate sent to the Director-General under section 14 in relation to a Category 5 medical condition, or

(b) except as may be prescribed, in a written or oral communication made by the medical practitioner for the purpose of arranging a test to find out whether the patient suffers from a Category 5 medical condition.

(2) A person who, in the course of providing a service, acquires information that another person:

(a) has been, or is required to be, or is to be, tested for a Category 5 medical condition, or

(b) is, or has been, infected with a Category 5 medical condition,

must take all reasonable steps to prevent disclosure of the information to another person.

(3) Information about a person that is of a kind referred to in subsection (2) may be disclosed:

(a) with the consent of the other person, or

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

(c) by order of a court or a person authorised by law to examine witnesses, or

(d) to a person who is involved in the provision of care to, or treatment or counselling of, the other person if the information is required in connection with providing such care, treatment or counselling, or

(e) in such circumstances as may be prescribed.

(4) A medical practitioner or other person who fails to comply with the requirements of this section is guilty of an offence.

Maximum penalty: 50 penalty units.