207Offence to disclose certain information

207 Offence to disclose certain information (i) obtains information in the course of performing a function connected with the administration of this Act or exercising a power under this Act; or (ii) is given substance information under an authorisation under section 257(1); and (b) the information is confidential and the person is reckless in relation to that circumstance; and (c) the person intentionally engages in conduct; and

Medicines, Poisons and Therapeutic Goods Act 2012 112 (d) the conduct results in the disclosure of the information and the disclosure is not: (i) for a purpose connected with the administration of this Act, including a legal or disciplinary proceeding arising out of the operation of this Act; or (ii) to a person who is otherwise entitled to the information; or (iii) to a person authorised under section 251(1) to be given the information; or (iv) to a person exercising a power or performing a function under a corresponding law; or (v) to a health profession body; or (vi) to a law enforcement agency; or (vii) in accordance with Chapter 7, Part 7.1AA; and (e) the person is reckless in relation to the result and circumstance referred to in paragraph (d). (2) Strict liability applies to subsection (1)(a). (3) If the information referred to in subsection (1) relates to a particular person (the patient), it is a defence to a prosecution for an offence against that subsection if the information is disclosed: (a) with the patient's consent; or (b) to a health service provider for providing a health service to the patient. health profession body means a National Health Practitioner Board established under the Health Practitioner Regulation National Law. health service provider, see section 5 of the Health Practitioner

Medicines, Poisons and Therapeutic Goods Act 2012 113 law enforcement agency, see section 4 of the Information Act 2002. Note for section 207 In addition to the circumstances mentioned in this section, a person who discloses information mentioned in this section will not be criminally responsible for an offence if the disclosure is justified or excused by or under a law (see section 43BE of the Criminal Code).