134Disclosure of confidential, &c., information about patients

134 Disclosure of confidential, &c., information about patients

(1)  [Section 134 Subsection (1) amended by No. 4 of 2023, s. 128, Applied:25 Sep 2023] A person who obtains information of a confidential or personal nature about a patient in discharging any responsibilities under this Act must not disclose the information except as authorised or required under –

(a) [Section 134 Subsection (1) amended by No. 4 of 2023, s. 128, Applied:25 Sep 2023] this section; or

(b) [Section 134 Subsection (1) amended by No. 4 of 2023, s. 128, Applied:25 Sep 2023] the Personal Information Protection Act 2004 .

Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 6 months.

(2)  [Section 134 Subsection (2) amended by No. 4 of 2023, s. 128, Applied:25 Sep 2023] Information in respect of an involuntary patient may only be disclosed if –

(a) the disclosure is authorised or required by law or any court; or

(b) the disclosure is made for or in connection with the reporting or lawful investigation of a crime or unlawful act (whether actual or prospective); or

(c) where the patient is capable of consenting to the disclosure, the patient so consents; or

(d) despite or regardless of whether the patient consents to the disclosure, the treating medical practitioner considers it necessary for the patient's treatment and care; or

(e) where the patient has been dead for less than 25 years at the relevant time, the patient's next-of-kin consents to the disclosure; or

(f) the disclosure is directly related to the purpose for which the information was obtained and the person making the disclosure reasonably believes that the patient would want or expect the information to be disclosed for that purpose; or

(g) the person making the disclosure reasonably believes it to be necessary so as to prevent or lessen a serious threat to the life, health or safety of the patient or other person; or