150Non-disclosure of information—investigations, complaint data reviews

150 Non-disclosure of information—investigations, complaint data reviews

(1) A person must not disclose any information gained by that person in the course of an investigation or a complaint data review, except as authorised under this section.

(2) Despite subsection (1), the Commissioner or a member of the staff of the Commissioner is authorised and may disclose information to which subsection (1) applies—

(a) if the Commissioner reasonably believes that the disclosure is necessary for or in connection with the administration of this Act; or

(b) in the following circumstances—

(i) the disclosure is for the purposes of any legal proceedings arising out of this Act;

(ii) the disclosure is with the written authority of the Secretary, if the Secretary reasonably believes it is in the public interest to do so;

(iii) the disclosure is with the written authority of the person to whom the information relates;

S. 150 (2)(b)(iiia) inserted by No. 4/2022 s. 29(1).

(iiia) the Commissioner becomes aware, other than through a conciliation process, that a health service provider has not complied with the duty of candour under Part 5A of the Health Services Act 1988, to report the matter to the Secretary;

(iv) the disclosure is to the Australian Health Practitioner Regulation Agency or a relevant National Board and is made for the purposes of section 148.

S. 150(3) amended by No. 34/2019 s. 82.

(3) Despite subsection (1), the Commissioner is authorised and may disclose information to which subsection (1) applies if the Commissioner reasonably believes that the disclosure is necessary to avoid a serious risk to—