QLDIn ForceAct
Adoption Act 2009
sec.276Chief executive may obtain or disclose non-identifying medical information
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### sec.276 Chief executive may obtain or disclose non-identifying medical information
The chief executive may contact a biological parent of an adopted person for the purpose of obtaining information about the medical history of the biological parent or another biological relative of the adopted person.
The chief executive may disclose, to an adopted person, information about the medical history of a biological relative of the adopted person.
The chief executive may disclose, to a biological relative of an adopted person, information about the adopted person’s medical history that relates to a condition that may have been inherited from a biological relative.
The chief executive may disclose information to a person that is likely to identify an adopted person or biological relative only if—
the chief executive—
could give the information to the person on a request under this part; and
has not been asked by the biological relative or adopted person not to disclose the information; or
the chief executive is satisfied there is an unacceptable risk that a person’s health may be significantly adversely affected if the information is not given or there are other exceptional circumstances in which the disclosure is justified.
It does not matter for this section whether a person who is contacted, or to whom information is given, or to whom information relates, is a person who has made a contact statement not to be contacted.
At the request of a person who is an adopted person or biological relative of an adopted person, the chief executive may, instead of giving the information to the person, give the information to a medical practitioner nominated by the person.
Information that may be given to an adopted person under this section may, for an adopted person who is a child, be given to a parent of the adopted person.
A person is not required to give or receive information under this section.
In this section—
biological relative , of an adopted person, means—
a biological parent of the adopted person; or
another person related to the adopted person other than a person related only because of a marriage.
(sec.276-ssec.1) The chief executive may contact a biological parent of an adopted person for the purpose of obtaining information about the medical history of the biological parent or another biological relative of the adopted person.
(sec.276-ssec.2) The chief executive may disclose, to an adopted person, information about the medical history of a biological relative of the adopted person.
(sec.276-ssec.3) The chief executive may disclose, to a biological relative of an adopted person, information about the adopted person’s medical history that relates to a condition that may have been inherited from a biological relative.
(sec.276-ssec.4) The chief executive may disclose information to a person that is likely to identify an adopted person or biological relative only if— the chief executive— could give the information to the person on a request under this part; and has not been asked by the biological relative or adopted person not to disclose the information; or the chief executive is satisfied there is an unacceptable risk that a person’s health may be significantly adversely affected if the information is not given or there are other exceptional circumstances in which the disclosure is justified.
(sec.276-ssec.5) It does not matter for this section whether a person who is contacted, or to whom information is given, or to whom information relates, is a person who has made a contact statement not to be contacted.
(sec.276-ssec.6) At the request of a person who is an adopted person or biological relative of an adopted person, the chief executive may, instead of giving the information to the person, give the information to a medical practitioner nominated by the person.
(sec.276-ssec.7) Information that may be given to an adopted person under this section may, for an adopted person who is a child, be given to a parent of the adopted person.
(sec.276-ssec.8) A person is not required to give or receive information under this section.
(sec.276-ssec.9) In this section— biological relative , of an adopted person, means— a biological parent of the adopted person; or another person related to the adopted person other than a person related only because of a marriage.
- (a) the chief executive— (i) could give the information to the person on a request under this part; and (ii) has not been asked by the biological relative or adopted person not to disclose the information; or
- (i) could give the information to the person on a request under this part; and
- (ii) has not been asked by the biological relative or adopted person not to disclose the information; or
- (b) the chief executive is satisfied there is an unacceptable risk that a person’s health may be significantly adversely affected if the information is not given or there are other exceptional circumstances in which the disclosure is justified.
- (i) could give the information to the person on a request under this part; and
- (ii) has not been asked by the biological relative or adopted person not to disclose the information; or
- (a) a biological parent of the adopted person; or
- (b) another person related to the adopted person other than a person related only because of a marriage.