HUMAN TISSUE ACT 1982 - SECT 45 Disclosure of information

HUMAN TISSUE ACT 1982 - SECT 45

    (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—

S. 45(2)(a) amended by No. 23/1994 s. 118(Sch.  1 item 27.20).

        (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;

S. 45(2)(c) amended by No. 27/1987 s. 3(k).

        (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;

S. 45(2)(d) amended by No. 23/1994 s. 118(Sch.  1 item 27.20).

        (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

S. 45(2)(e) amended by No. 23/1994 s. 118(Sch.  1 item 27.20).

        (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.

S. 45(4) inserted by No. 59/2006 s. 15.

    (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).

S. 45(5) inserted by No. 59/2006 s. 15.

    (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;

S. 45(5)(c) amended by No. 77/2008 s. 129(Sch.  2 item 12.7).

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

S. 45(5)(ca) inserted by No. 83/2012 s. 40.

        (ca)     the principal registrar appointed under section 97 of the Coroners Act 2008 in the provision of information under section 29A of that Act;

        (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.

S. 45(6) inserted by No. 59/2006 s. 15.

    (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.

S. 45A inserted by No. 59/2006 s. 16.