518Non-disclosure of information—complaint resolution processes

518 Non-disclosure of information—complaint resolution processes

(1) A Mental Health and Wellbeing Commissioner, a person employed under section 418(1) or a person engaged under section 418(2) must not disclose any information obtained by that person in the course of a complaint resolution process (other than a conciliation) except as authorised under this section.

(2) For the purposes of subsection (1), a Commissioner, a person employed under section 418(1) or a person engaged under section 418(2) is authorised and may disclose information to which subsection (1) applies in the following circumstances—

S. 518(2)(a) amended by No. 44/2025 s. 67.

(a) the Commissioner or person reasonably believes that the disclosure is necessary for or in connection with the performance of the Commission's functions;

(b) the disclosure is for the purposes of a proceeding under this Act that relates to the performance of the Commission's functions;

(c) the disclosure is made with the written authority of the Health Secretary, and the Health Secretary reasonably believes it is in the public interest to do so;

(d) the disclosure is made with the written authority of the person to whom the information relates;

(e) the disclosure is to the Health Secretary, if that information is or may be relevant to determining whether or not a mental health and wellbeing service provider or the Institute has complied with the duty of candour;

(f) the disclosure is to the Australian Health Practitioner Regulation Agency or a relevant National Board, if that information is or may be the subject of, or relevant to, a complaint, investigation or inquiry under the Health Practitioner Regulation National Law;

S. 518(2)(g) amended by No. 44/2025 s. 67.

(g) the Commissioner or person reasonably believes that the disclosure is necessary to avoid a serious risk to—

(i) the life, health, safety or welfare of a person; or

(ii) the health, safety or welfare of the public.