Victorian Consolidated Legislation

Health Records Act 2001 - SECT 90

Secrecy

90. Secrecy



(1) A person who is, or has been, the Health Services Commissioner, an acting
Health Services Commissioner, a delegate of the Health Services Commissioner
or an employee in the office of the Health Services Commissioner must not,
directly or indirectly, make a record of, disclose or communicate to any
person any information relating to the affairs of any individual or
organisation acquired in the performance of functions or duties or the
exercise of powers under this Act, unless-

   (a)  it is necessary to do so for the purposes of, or in connection with,
        the performance of a function or duty or the exercise of a power
        under, or in relation to, this, or any other, Act; or

   (b)  the individual or organisation to whom the information relates gives
        written consent to the making of the record, disclosure or
        communication.

Penalty: 60 penalty units.

(2) A person who is, or has been, the Health Services Commissioner, an acting
Health Services Commissioner, a delegate of the Health Services Commissioner
or an employee in the office of the Health Services Commissioner must not
disclose or communicate to any person any information given to the Health
Services Commissioner pursuant to a requirement made under Division 3 of
Part 6 (including information contained in a document required to be produced
to the Health Services Commissioner) unless all parties to the conciliation
consent to the making of the disclosure or communication.

Penalty: 60 penalty units.

(3) Subsection (2) does not prevent-

   (a)  the disclosure to the Health Services Commissioner, an acting Health
        Services Commissioner, a delegate of the Health Services Commissioner
        or an employee in the office of the Health Services Commissioner of
        whether the conciliation under Division 3 of Part 6 was successful and
        the terms of any agreement reached; or

   (b)  the making of a recommendation that the Health Services Commissioner
        should investigate a complaint under Division 4 of Part 6.

(4) A person who is, or has been, the Health Services Commissioner, an acting
Health Services Commissioner, a delegate of the Health Services Commissioner
or an employee in the office of the Health Services Commissioner must not
disclose or communicate to any person, other than a person employed in the
office of the Health Services Commissioner, any information given to the
Health Services Commissioner pursuant to a requirement made under Division 4
of Part 6 (including information contained in a document required to be
produced to the Health Services Commissioner) unless-

   (a)  he or she has notified the person from whom the information was
        obtained of the proposal to disclose or communicate that information;
        and

   (b)  he or she has given that person a reasonable opportunity to object to
        the disclosure or communication; and

   (c)  that person has not objected to the disclosure or communication.

Penalty: 60 penalty units.