64Protection of identity of health service user or complainant from health service provider

64 Protection of identity of health service user or complainant from health service provider

(1)  Notwithstanding any other provision of this Act, the Commissioner must not disclose to a health service provider information that would enable a health service user or a complainant to be identified if the Commissioner believes, on reasonable grounds, that the disclosure would, directly or indirectly –

(a) put at risk the health or safety of any person; or

(b) occasion the receipt by a person of a health service of a lower standard than he or she would otherwise have received; or

(c) prejudice the assessment of a complaint or an investigation by the Commissioner.

(2)  If the Commissioner has not provided information to a health service provider in pursuance of subsection (1) , the Commissioner must provide that information if he or she ceases to hold the belief referred to in that subsection.