91Disclosure of information

91 Disclosure of information (1) Subject to subsection (2), a person must not engage in conduct that results in the disclosure of information contained in a record kept by an approved treatment facility or approved treatment agency that: (a) identifies the fact that a person has been admitted to the facility or received treatment from the agency; or (b) relates to the nature of, or other details relating to, the person's admission, treatment or management. (2) Information referred to in subsection (1) may be disclosed: (a) where it is necessary: (i) to exercise a power or perform a function under an Act; or (ii) to give information expressly authorised to be disclosed under an Act; or

Mental Health and Related Services Act 1998 89 (b) with the consent of: (i) the person to whom the information relates; or (ii) the person's adult guardian; or or (iii) if the person has died – the person's nominated next of kin, senior next of kin or the executor or administrator of the person's estate; or (c) if it is required in the course of criminal investigations or criminal proceedings; or (d) when it is required in the course of proceedings: (i) relating to the guardianship of the person to whom the information relates; or (ii) relating to the administration of property of the person to whom the information relates; or (iii) under the Advance Personal Planning Act 2013 in relation to the person to whom the information relates; or (e) to the representative or primary carer of the person to whom the information relates if the disclosure: (i) is relevant to the ongoing care, treatment or rehabilitation of the person; and (ii) is considered to be in the person's best interests; or (f) to a police officer if: (i) the person to whom the information relates is in a situation requiring immediate intervention; and (ii) the person: (A) is likely to cause serious harm to himself or herself or to someone else; or (B) represents a substantial danger to the general community; and (iii) the information is relevant to the safe resolution of the situation; or

Mental Health and Related Services Act 1998 90 (g) to the Commissioner of Police , or a police officer nominated by the Commissioner for this paragraph, where the person disclosing the information reasonably believes that the person to whom the information relates may harm himself or herself or represents a danger to the general community; or (ga) to a police officer for section 166B(2); or (h) when it is required to prevent or lessen a serious or imminent threat to the life or health of the person, another person or the general community; or (j) for the purposes of medical or social research where: (i) the ethics committee nominated by the Chief Health Officer approves the methodology of the research; and (ii) the disclosure is not likely to be detrimental to the interest of the person to whom the information relates; and (iii) the identity of the person will be protected and not published; or (k) in connection with the further treatment of a person with a mental illness; or (ka) to a health care decision maker for a person if the information is reasonably required in connection with the performance of a duty or the exercise of a power by the health care decision maker under the Health Care Decision Making Act 2023; (m) to the Minister or the CEO; or (n) if the Minister considers that disclosing the information is in the public interest or necessary to ensure the safety of the general community or a section of the general community. (3) The Minister must not disclose information under subsection (2)(n) unless he or she has received a recommendation from the CEO, the Chief Health Officer, the President of the Tribunal, the principal community visitor, the Ombudsman or the Commissioner for Health and Community Services Complaints to disclose the information. (4) Where a person is notified by an authorised psychiatric practitioner that the authorised psychiatric practitioner believes that the disclosure of information relating to another person could cause: (a) the person's health to deteriorate; or