Victorian Consolidated Legislation

Health Services Act 1988 - SECT 18E

Confidentiality requirements

18E. Confidentiality requirements



(1) A person who is, or at any time has been, a case mix auditor must not,
except to the extent necessary to perform any official duties or to perform or
exercise any power or function under this Act, either directly or indirectly,
make a record of or divulge or communicate to any person any information that
is or was acquired by the person by reason of being, or having been, a case
mix auditor or make use of any such information for any purpose other than the
performance of official duties or the performance or exercise of that function
or power.

Penalty: 100 penalty units.

(2) Subsection (1) does not preclude a person from-

   (a)  producing a document to a court in the course of criminal proceedings;
        or

   (b)  divulging or communicating to a court in the course of any criminal
        proceedings any matter or thing coming under the notice of the person
        in the performance of official duties or in the performance or
        exercise of a power referred to in subsection (1); or





   (c)  producing a document or divulging or communicating information that is
        expressly authorised or permitted by any Act to be produced, divulged
        or communicated; or

   (d)  producing a document or divulging or communicating information with
        the prior consent of the person to whom it relates, or if that person
        has died, with the consent of the senior available next of kin of that
        person.

(3) In this section, court includes any board, tribunal or person authorised
to receive evidence.



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Division 2-Registration of certain agencies