Medicines and Poisons Act 2019
sec.221Disclosure of information to entities performing relevant functions
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sec.221 Disclosure of information to entities performing relevant functions
An administrator may disclose confidential information— to a health ombudsman official; or to a coroner investigating the death of a person under the Coroners Act 2003 ; or to the chief executive of the department in which the Food Act 2006 or the Food Production (Safety) Act 2000 is administered; or to a Hospital and Health Service established under the Hospital and Health Boards Act 2011 , section 17 ; or to the Veterinary Surgeons Board of Queensland established under the Veterinary Surgeons Act 1936 , section 4 ; or to an entity of the State or another jurisdiction responsible for law enforcement, for the purposes of detecting, investigating, preventing or prosecuting an offence in relation to a regulated substance; or to the Australian Health Practitioner Regulation Agency, or a National Health Practitioner Board, established under the Health Practitioner Regulation National Law ; or to the Australian Pesticides and Veterinary Medicines Authority for performing its functions under the Agricultural and Veterinary Chemicals Act 1994 (Cwlth) or the Agricultural and Veterinary Chemicals Code Act 1994 (Cwlth) ; or to the Secretary under the Therapeutic Goods Act 1989 (Cwlth) for performing the Secretary’s functions under that Act or the Therapeutic Goods Act 2019 ; or to another corresponding law entity; or to another entity of the Commonwealth or another State for performing its functions relating to— a practitioner law; or the management of health and safety risks in public places and workplaces; or the importation or exportation of goods or substances into or from Australia; or to a foreign regulatory authority for performing its functions relating to the importation or exportation of regulated substances into or from Australia. However, an administrator may disclose confidential information to an entity under subsection (1) only if the administrator is satisfied— the disclosure is reasonably necessary for the entity to exercise its functions; and the confidential information will be collected, stored and used by the entity in a way that protects the privacy of the persons to whom the information relates from unjustified intrusion. This section does not limit, and is not limited by, section 231 . Section 231 allows the chief executive to give information to a person from the administrative action register and the substance authority register. However, this section is subject to section 227 in relation to the disclosure of information in the monitored medicines database. In this section— corresponding law entity means an entity of the Commonwealth or another State that administers, or performs functions in relation to, a corresponding law. practitioner law means— in relation to a health practitioner—the Health Practitioner Regulation National Law ; or in relation to a veterinary surgeon—the Veterinary Surgeons Act 1936 or a law of another State that provides for, or provided for, the same or similar matters as that Act. s 221 amd 2021 No. 12 s 243 ; 2023 No. 9 s 12 (sec.221-ssec.1) An administrator may disclose confidential information— to a health ombudsman official; or to a coroner investigating the death of a person under the Coroners Act 2003 ; or to the chief executive of the department in which the Food Act 2006 or the Food Production (Safety) Act 2000 is administered; or to a Hospital and Health Service established under the Hospital and Health Boards Act 2011 , section 17 ; or to the Veterinary Surgeons Board of Queensland established under the Veterinary Surgeons Act 1936 , section 4 ; or to an entity of the State or another jurisdiction responsible for law enforcement, for the purposes of detecting, investigating, preventing or prosecuting an offence in relation to a regulated substance; or to the Australian Health Practitioner Regulation Agency, or a National Health Practitioner Board, established under the Health Practitioner Regulation National Law ; or to the Australian Pesticides and Veterinary Medicines Authority for performing its functions under the Agricultural and Veterinary Chemicals Act 1994 (Cwlth) or the Agricultural and Veterinary Chemicals Code Act 1994 (Cwlth) ; or to the Secretary under the Therapeutic Goods Act 1989 (Cwlth) for performing the Secretary’s functions under that Act or the Therapeutic Goods Act 2019 ; or to another corresponding law entity; or to another entity of the Commonwealth or another State for performing its functions relating to— a practitioner law; or the management of health and safety risks in public places and workplaces; or the importation or exportation of goods or substances into or from Australia; or to a foreign regulatory authority for performing its functions relating to the importation or exportation of regulated substances into or from Australia. (sec.221-ssec.2) However, an administrator may disclose confidential information to an entity under subsection (1) only if the administrator is satisfied— the disclosure is reasonably necessary for the entity to exercise its functions; and the confidential information will be collected, stored and used by the entity in a way that protects the privacy of the persons to whom the information relates from unjustified intrusion. (sec.221-ssec.3) This section does not limit, and is not limited by, section 231 . Section 231 allows the chief executive to give information to a person from the administrative action register and the substance authority register. (sec.221-ssec.4) However, this section is subject to section 227 in relation to the disclosure of information in the monitored medicines database. (sec.221-ssec.5) In this section— corresponding law entity means an entity of the Commonwealth or another State that administers, or performs functions in relation to, a corresponding law. practitioner law means— in relation to a health practitioner—the Health Practitioner Regulation National Law ; or in relation to a veterinary surgeon—the Veterinary Surgeons Act 1936 or a law of another State that provides for, or provided for, the same or similar matters as that Act.