Victorian Consolidated Legislation

Health Services Act 1988 - SECT 63D

Confidentiality requirements

63D. Confidentiality requirements



(1) A person who is, or at any time has been, an auditor under this Division
must not, except to the extent necessary to perform any official duties or to
perform or exercise any function or power 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, an 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 function or power referred to in subsection (1); or

   (c)  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.

Division 9-Amalgamation of registered funded agencies

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