132Withholding, &c., of information by mental health authorities

132 Withholding, &c., of information by mental health authorities

(1)  A mental health authority, in giving information to a patient or to any private person about a patient in respect of any matter under this Act, may –

(a) withhold any information; or

(b) defer the giving of any information; or

(c) qualify (but not so as to render it misleading or untruthful) any information.

(2)  The withholding, deferral or qualification of the information, if done in good faith, does not constitute –

(a) grounds for any legal proceedings; or

(b) a breach of any clinical guidelines or standing orders; or

(c) in the case of a medical practitioner or other health professional, professional misconduct or a breach of professional ethics.

(3)  The mental health authority is to –

(a) place a note about the withholding, deferral or qualification of the information, with reasons, on the patient's clinical record; and

(b) [Section 132 Subsection (3) amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014] give notice of the withholding, deferral or qualification of the information, with reasons, to the patient, the patient's representative and the Tribunal; and

(c) [Section 132 Subsection (3) amended by No. 4 of 2023, s. 126, Applied:25 Sep 2023] [Section 132 Subsection (3) amended by No. 4 of 2023, s. 126, Applied:25 Sep 2023] give, if the mental health authority is not the Chief Psychiatrist, notice of the withholding, deferral or qualification of the information, with reasons, to the Chief Psychiatrist.

(3A)  [Section 132 Subsection (3A) inserted by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014] A mental health authority may give any information that has been withheld, deferred or qualified under to a medical practitioner nominated by the patient or by the patient's representative.