519Non-disclosure of information given in conciliation

519 Non-disclosure of information given in conciliation

(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, outside a conciliation, any information obtained during the conciliation.

(2) Despite 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 if—

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

(b) 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; or

(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.

(3) Despite subsection (1), 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 if the disclosure is made by the person employed or the person engaged (as the case may be) to a Commissioner for the purposes of the Commission dealing with a complaint.

S. 519(4) amended by No. 44/2025 s. 68.

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

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

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