NSWIn ForceAct
Mental Health Act 2007
189Disclosure of information
Start here
Get a plain-English read of 189
Turn the raw legal text into a practical explanation grounded in Mental Health Act 2007.
#### 189 Disclosure of information
189 Disclosure of information
(cf 1990 Act, s 289)
> > (1) A person must not disclose any information obtained in connection with the administration or execution of this Act or the [Mental Health and Cognitive Impairment Forensic Provisions Act 2020](/view/html/inforce/current/act-2020-012) or the regulations unless the disclosure is made—
> >
> > > (a) with the consent of the person from whom the information was obtained, or
> >
> > > (b) in connection with the administration or execution of this Act or the [Mental Health and Cognitive Impairment Forensic Provisions Act 2020](/view/html/inforce/current/act-2020-012), or
> >
> > > (c) without limiting paragraph (b), to a designated carer or principal care provider of a person in connection with the provision of care or treatment to the person under this Act or the [Mental Health and Cognitive Impairment Forensic Provisions Act 2020](/view/html/inforce/current/act-2020-012), or
> >
> > > (d) for the purposes of any legal proceedings arising out of this Act or the [Mental Health and Cognitive Impairment Forensic Provisions Act 2020](/view/html/inforce/current/act-2020-012) or the regulations or of any report of any such proceedings, or
> >
> > > (d1) for a purpose referred to in health privacy principle 10 (1) (f) (research) under the [Health Records and Information Privacy Act 2002](/view/html/inforce/current/act-2002-071), or
> >
> > > (e) with other lawful excuse.
> >
> > Maximum penalty—50 penalty units.
>
> > (2) A person is not required to comply with subsection (1) if non-compliance is necessarily implied or reasonably contemplated under an Act or law.
>
> **s 189:** Am 2008 No 79, Sch 2 \[47\] \[57\]; 2014 No 85, Sch 1 \[80\]; 2020 No 12, Sch 3.17\[28\].