sch.4-sec.5Disclosure—responsible person for an individual

### sch.4-sec.5 Disclosure—responsible person for an individual A permitted health situation exists in relation to the disclosure by a health agency of health information about an individual if— the health agency provides a health service to the individual; and the recipient of the information is a responsible person for the individual; and the individual is— physically or legally incapable of giving consent to the disclosure; or physically can not communicate consent to the disclosure; and a health professional providing the health service for the organisation is satisfied— the disclosure is necessary to provide appropriate care or treatment of the individual; or the disclosure is made for compassionate reasons; and the disclosure is not contrary to any wish— expressed by the individual before the individual became unable to give or communicate consent; and of which the health professional is aware, or of which the health professional could reasonably be expected to be aware; and the disclosure is limited to the extent reasonable and necessary for a purpose mentioned in paragraph (d) . sch 4 s 5 amd 2011 No. 32 s 332 s ch 1 pt 2 (amd 2012 No. 9 s 47 ) sub 2023 No. 32 s 74 - (a) the health agency provides a health service to the individual; and - (b) the recipient of the information is a responsible person for the individual; and - (c) the individual is— (i) physically or legally incapable of giving consent to the disclosure; or (ii) physically can not communicate consent to the disclosure; and - (i) physically or legally incapable of giving consent to the disclosure; or - (ii) physically can not communicate consent to the disclosure; and - (d) a health professional providing the health service for the organisation is satisfied— (i) the disclosure is necessary to provide appropriate care or treatment of the individual; or (ii) the disclosure is made for compassionate reasons; and - (i) the disclosure is necessary to provide appropriate care or treatment of the individual; or - (ii) the disclosure is made for compassionate reasons; and - (e) the disclosure is not contrary to any wish— (i) expressed by the individual before the individual became unable to give or communicate consent; and (ii) of which the health professional is aware, or of which the health professional could reasonably be expected to be aware; and - (i) expressed by the individual before the individual became unable to give or communicate consent; and - (ii) of which the health professional is aware, or of which the health professional could reasonably be expected to be aware; and - (f) the disclosure is limited to the extent reasonable and necessary for a purpose mentioned in paragraph (d) . - (i) physically or legally incapable of giving consent to the disclosure; or - (ii) physically can not communicate consent to the disclosure; and - (i) the disclosure is necessary to provide appropriate care or treatment of the individual; or - (ii) the disclosure is made for compassionate reasons; and - (i) expressed by the individual before the individual became unable to give or communicate consent; and - (ii) of which the health professional is aware, or of which the health professional could reasonably be expected to be aware; and