Mental Health Act 2016
sec.785Disclosure to lawyer
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sec.785 Disclosure to lawyer
A designated person may disclose personal information about a patient, including the patient’s health records and written notices given under this Act, to a lawyer if the disclosure is to enable the lawyer to provide legal services to the patient, or the State, for a proceeding in the Mental Health Court, the tribunal or another court. If the lawyer is a representative of the State, the lawyer may use the personal information, or disclose it to a victim, only to the extent necessary for the performance of the lawyer’s functions under this or another Act. In this section— victim means a person who is, or may be— a victim of an unlawful act committed by a person who is the subject of a proceeding before the Mental Health Court or the tribunal; or a close relative of a victim mentioned in paragraph (a) ; or another individual who has suffered harm because of an unlawful act mentioned in paragraph (a) . (sec.785-ssec.1) A designated person may disclose personal information about a patient, including the patient’s health records and written notices given under this Act, to a lawyer if the disclosure is to enable the lawyer to provide legal services to the patient, or the State, for a proceeding in the Mental Health Court, the tribunal or another court. (sec.785-ssec.2) If the lawyer is a representative of the State, the lawyer may use the personal information, or disclose it to a victim, only to the extent necessary for the performance of the lawyer’s functions under this or another Act. (sec.785-ssec.3) In this section— victim means a person who is, or may be— a victim of an unlawful act committed by a person who is the subject of a proceeding before the Mental Health Court or the tribunal; or a close relative of a victim mentioned in paragraph (a) ; or another individual who has suffered harm because of an unlawful act mentioned in paragraph (a) .
- (a) a victim of an unlawful act committed by a person who is the subject of a proceeding before the Mental Health Court or the tribunal; or
- (b) a close relative of a victim mentioned in paragraph (a) ; or
- (c) another individual who has suffered harm because of an unlawful act mentioned in paragraph (a) .