Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 63

Secrecy provision

63. Secrecy provision



(1) Unless subsection (2) or section 62 applies, a person who-

   (a)  is or has at any time been a member of the Psychosurgery Review Board
        or a person employed or engaged to assist the Psychosurgery Review
        Board; or

   (b)  is or has been present at any proceedings of the Psychosurgery Review
        Board-

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 so appointed, engaged, authorized or present 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: 10 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 in the course of any proceedings under this Act; or

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





   (c)  producing a document or divulging or communicating information that is
        required or permitted by any Act to be produced, divulged or
        communicated, as the case may be if, where the document or information
        relates to the personal affairs of another person, that other person
        has given consent in writing.