25Disclosure of personal health information by

25 Disclosure of personal health information by ART provider (1) An ART provider may disclose personal health information in accordance with this section if a doctor certifies that the disclosure is necessary to— (a) prevent or reduce a serious and imminent risk to anyone’s life or physical, mental or emotional health; or (b) warn the person to whom the information is disclosed about the existence of a medical condition that may be harmful to the person or the person’s children (including future children).

(2) The ART provider may disclose personal health information about a donor to the following people: (a) a person born as a result of ART treatment using the donor’s donated gamete if— (i) the person is at least 16 years old; or (ii) the ART provider is satisfied the person is sufficiently mature to access the information; (b) a parent of a child or young person born as a result of ART treatment using the donor’s donated gamete; (c) a person who is pregnant as a result of ART treatment using the donor’s donated gamete. (3) The ART provider may disclose personal health information about a donor conceived person to their donor or donor sibling. (4) The disclosure— (a) must be made by a doctor on the ART provider’s behalf; and (b) may also be made to a doctor treating the person to whom it is made. (5) Nothing in this section requires an ART provider to disclose information to any person. (6) In this section: personal health information—see the Health Records (Privacy and Access) Act 1997, dictionary.