DISABILITY SERVICES ACT 2006 - SECT 197 Relevant service provider may request confidential information from health professional, chief executive (health) or health service chief executive

DISABILITY SERVICES ACT 2006 - SECT 197

197 Relevant service provider may request confidential information from health professional, chief executive (health) or health service chief executive

(1) This section applies if a relevant service provider considers a health professional, the chief executive (health), or a health service chief executive, may hold confidential information about an adult with an intellectual or cognitive disability that is relevant to any of the following being done by the provider—

(a) the assessment of the adult, including the making of a decision about whether to assess the adult;

(b) the development or changing of a positive behaviour support plan for the adult;

(c) the development of a respite/community access plan for the adult.

(2) The relevant service provider may ask the health professional or chief executive (health) for the confidential information.

(3) A health professional or the chief executive (health) who gives confidential information requested under this section and who would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice—

(a) does not contravene the Act , oath or rule of law or practice by giving the information; and

(b) is not liable to disciplinary action for giving the information.

(4) Also, merely because the health professional or the chief executive (health) gives the confidential information, the person can not be held to have—

(a) breached any code of professional etiquette or ethics; or

(b) departed from accepted standards of professional conduct.