sec.272Confidentiality

sec.272 Confidentiality

This section applies to a person who is or was any of the following persons— the health ombudsman; a staff member of the Office of the Health Ombudsman; a member of a committee or panel established under section 29 ; an inquiry member; an authorised person; another person engaged by the health ombudsman to help in the performance of the health ombudsman’s functions. The person must not disclose confidential information to anyone else except to the extent the disclosure is permitted under this section. Maximum penalty—100 penalty units. Confidential information may be disclosed in the performance of a function under this Act or to the extent required or permitted under this Act. Confidential information may be disclosed to a member of a committee or panel established under section 29 for the purpose of the member providing advice to the health ombudsman. Confidential information about a person may be disclosed to the person or with the person’s consent. Confidential information may be disclosed to any of the following entities if the entity requests it on the basis that provision of the information is necessary to enable the entity to exercise its functions— the chief executive officer under the Human Services (Medicare) Act 1973 of the Commonwealth; an entity performing functions under the Health Insurance Act 1973 of the Commonwealth; the Secretary within the meaning of the National Health Act 1953 of the Commonwealth; the Secretary to the Department in which the Migration Act 1958 of the Commonwealth is administered. Confidential information may be disclosed— to the Minister or the parliamentary committee; or to the National Agency or a National Board; or to a government entity with functions— that correspond to functions of the health ombudsman under this Act; or the Health Care Complaints Commission under the Health Care Complaints Act 1993 (NSW) about protecting the health and safety of the public; or the Queensland Police Service the department in which the Hospital and Health Boards Act 2011 is administered the chief health officer under the Hospital and Health Boards Act 2011 a coroner under the Coroners Act 2003 to the extent required or permitted under the National Law or another Act (whether of the Commonwealth or a State); or in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or to an entity, or for a purpose, prescribed under a regulation. This section does not apply to a conciliator in relation to the disclosure of information to which section 150 applies. In this section— confidential information means information that— is not publicly available; and is in a form that identifies a person who— is or was a complainant under this Act or was a complainant under the repealed Act; or is or was a health service provider or was a provider under the repealed Act; or was provided with a service by a health service provider or was a user under the repealed Act; or gave information to the health ombudsman under this Act or to the former commission under the repealed Act; and was acquired by, or may be accessed by, a person in his or her capacity as a person mentioned in subsection (1) . disclose includes give access to. former commission means the Health Quality and Complaints Commission in existence under the repealed Act immediately before the commencement of this section. information includes a document. repealed Act means the repealed Health Quality and Complaints Commission Act 2006 . (sec.272-ssec.1) This section applies to a person who is or was any of the following persons— the health ombudsman; a staff member of the Office of the Health Ombudsman; a member of a committee or panel established under section 29 ; an inquiry member; an authorised person; another person engaged by the health ombudsman to help in the performance of the health ombudsman’s functions. (sec.272-ssec.2) The person must not disclose confidential information to anyone else except to the extent the disclosure is permitted under this section. Maximum penalty—100 penalty units. (sec.272-ssec.3) Confidential information may be disclosed in the performance of a function under this Act or to the extent required or permitted under this Act. Confidential information may be disclosed to a member of a committee or panel established under section 29 for the purpose of the member providing advice to the health ombudsman. (sec.272-ssec.4) Confidential information about a person may be disclosed to the person or with the person’s consent. (sec.272-ssec.5) Confidential information may be disclosed to any of the following entities if the entity requests it on the basis that provision of the information is necessary to enable the entity to exercise its functions— the chief executive officer under the Human Services (Medicare) Act 1973 of the Commonwealth; an entity performing functions under the Health Insurance Act 1973 of the Commonwealth; the Secretary within the meaning of the National Health Act 1953 of the Commonwealth; the Secretary to the Department in which the Migration Act 1958 of the Commonwealth is administered. (sec.272-ssec.6) Confidential information may be disclosed— to the Minister or the parliamentary committee; or to the National Agency or a National Board; or to a government entity with functions— that correspond to functions of the health ombudsman under this Act; or the Health Care Complaints Commission under the Health Care Complaints Act 1993 (NSW) about protecting the health and safety of the public; or the Queensland Police Service the department in which the Hospital and Health Boards Act 2011 is administered the chief health officer under the Hospital and Health Boards Act 2011 a coroner under the Coroners Act 2003 to the extent required or permitted under the National Law or another Act (whether of the Commonwealth or a State); or in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or to an entity, or for a purpose, prescribed under a regulation. (sec.272-ssec.7) This section does not apply to a conciliator in relation to the disclosure of information to which section 150 applies. (sec.272-ssec.8) In this section— confidential information means information that— is not publicly available; and is in a form that identifies a person who— is or was a complainant under this Act or was a complainant under the repealed Act; or is or was a health service provider or was a provider under the repealed Act; or was provided with a service by a health service provider or was a user under the repealed Act; or gave information to the health ombudsman under this Act or to the former commission under the repealed Act; and was acquired by, or may be accessed by, a person in his or her capacity as a person mentioned in subsection (1) . disclose includes give access to. former commission means the Health Quality and Complaints Commission in existence under the repealed Act immediately before the commencement of this section. information includes a document. repealed Act means the repealed Health Quality and Complaints Commission Act 2006 .