29Disclosure of information

29 Disclosure of information

29 Disclosure of information

(1) A person must not disclose information obtained in connection with the administration or execution of this Act unless that disclosure is made—

(a) for health information—with the consent of the third party to whom the information relates, or

(b) for information that is not health information—with the consent of the person from whom the information was obtained, or

(c) in connection with the administration or execution of this Act or the Public Health Act 2010, or

(d) for the purposes of legal proceedings arising out of this Act or of a report of the proceedings, or

(e) in other circumstances prescribed by the regulations, or

(f) with other lawful excuse.

Maximum penalty—100 penalty units or imprisonment for 12 months, or both.

(2) Subsection (1)(e) and (f) do not authorise the disclosure of information that a third party—

(a) has been, is to be or is required to be tested for a relevant Category 5 condition, or

(b) has, or has had, a relevant Category 5 condition.

(3) In this section—

health information means information that a third party—

(a) has been, is to be or is required to be tested for a blood-borne disease, or

(b) has, or has had, a blood-borne disease.

relevant Category 5 condition means a Category 5 condition, within the meaning of Part 4 of the Public Health Act 2010, that is also a blood-borne disease.

Note—

On the commencement of this Act, HIV infection is the only Category 5 condition.