68Corrupt disclosure or use of health information by public sector officials

#### 68 Corrupt disclosure or use of health information by public sector officials 68 Corrupt disclosure or use of health information by public sector officials > > (1) A public sector official must not, otherwise than in connection with the lawful exercise of his or her official functions, intentionally disclose or use any health information about an individual to which the official has or had access in the exercise of his or her official functions. > > > > Maximum penalty—100 penalty units or imprisonment for 2 years or both. > > > (2) A person must not induce or attempt to induce a public sector official (by way of a bribe or other similar corrupt conduct) to disclose any health information about an individual to which the official has or had access in the exercise of his or her official functions. > > > > Maximum penalty—100 penalty units or imprisonment for 2 years or both. > > > (3) Subsection (1) does not prohibit a public sector official from disclosing health information if the disclosure is— > > > > > (a) a public interest disclosure within the meaning of the [Public Interest Disclosures Act 2022](/view/html/inforce/current/act-2022-014), or > > > > > (b) made for the purpose of exercising a function under that Act. > > > (4) In this section, a reference to a public sector official includes a reference to a person who was formerly a public sector official. > > Note. > > Corrupt conduct by employees or agents of private sector persons in relation to health information may be dealt with under Part 4A (Corruptly receiving commissions and other corrupt practices) of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040). > > **s 68:** Am 2010 No 84, Sch 2.4; 2022 No 14, Sch 8.13\[2\].