Victorian Consolidated Legislation

Human Tissue Act 1982 - SECT 45

Disclosure of information

45. Disclosure of information



(1) Subject to this section, a person to whom this section applies shall not
disclose or give to any other person any information or document whereby the
identity of a person or a deceased person-

   (a)  from whose body tissue has been removed for the purpose of
        transplantation or for use for other therapeutic purposes or for
        medical or scientific purposes;

   (b)  with respect to whom or with respect to whose body a consent or
        authority has been given under this Act; or





   (c)  into whose body tissue has been, is being, or may be, transplanted-

may become publicly known. Penalty: 50 penalty units.

(2) This section applies-

   (a)  where a consent has been given in accordance with this Act-to a
        registered medical practitioner who gave a certificate in relation to
        the consent;

   (b)  where an authority has been given in accordance with this Act by a
        designated officer for a hospital-to the designated officer;

   (c)  where tissue has been removed from the body of a person or a deceased
        person-the person who removed the tissue and, if the tissue was
        removed at a hospital, each person who was employed at the hospital at
        the time of the removal of the tissue or has since been employed at
        the hospital;

   (d)  where tissue has been transplanted into the body of a person-to the
        registered medical practitioner who performed the transplantation and,
        if the tissue as transplanted at a hospital, each person who was
        employed at the hospital at the time of the transplantation or has
        since been employed at the hospital; and

   (e)  where it is proposed that tissue will be transplanted into the body of
        a person-to the registered medical practitioner who is to perform the
        transplantation and, if the tissue is to be transplanted at a
        hospital, each person who is employed at the hospital or who becomes
        so employed.

(3) Subsection (1) does not apply to or in relation to any information
disclosed-

   (a)  in pursuance of an order of a court or when otherwise required by law;

   (b)  for the purposes of hospital administration or bona fide medical
        research;

   (c)  with the consent of the person to whom the information relates; or

   (d)  when the circumstances in which the disclosure is made are such that
        the disclosure is or would be privileged.

(4) Despite subsection (1) and Health Privacy Principles 1 and 2 set out in
Schedule 1 to the Health Records Act 2001 and section 141 of the
Health Services Act 1988, any of the persons referred to in subsection (5)
may-

   (a)  collect and use health information within the meaning of the
        Health Records Act 2001 in relation to a deceased person or an
        unconscious person referred to in section 26(5); and

   (b)  disclose that information to each other and any other necessary
        person-

for the purposes of-

   (c)  assessing whether the tissue of the deceased person or the person when
        deceased is suitable for any use permitted under Part IV, V or VI; and

   (d)  determining whether the removal of tissue is authorised under Part IV,
        V or VI; and





   (e)  ascertaining and locating the senior available next of kin of the
        person referred to in paragraph (a).

(5) Subsection (4) applies to-

   (a)  a hospital where the person has died or where the person is or had
        previously been a patient;

   (b)  a registered medical practitioner of the person;

   (c)  the Victorian Institute of Forensic Medicine established under Part 9
        of the Coroners Act 1985;

   (d)  a tissue or organ donation service, including a person or body
        prescribed as a tissue or organ donation service;

   (e)  a person who is employed or engaged by, or who performs work for, a
        person or body referred to in paragraph (a), (c) or (d) in relation to
        tissue donation.

(6) Despite any other Act or law, a person to whom a request for health
information is made under subsection (4) is authorised to provide the
requested information.