728Information from electronic health information system

728 Information from electronic health information system

S. 728(1) substituted by No. 44/2025 s. 43(1).

(1) A person or body referred to in subsection (2) or a person employed or engaged by a person or body referred to in subsection (2) may enter a person's health information into the electronic health information system.

(2) A person must not collect or use, or attempt to collect or use, health information from the electronic health information system unless the collection or use of the health information is reasonably required by—

(a) a mental health and wellbeing service provider for the purposes of providing mental health and wellbeing services, including integrated care, to the person to whom that information relates; or

S. 728(2)(b) amended by No. 44/2025 s. 43(2)(a).

(b) a prescribed emergency service provider—

(i) for the purposes of providing an emergency service to the person to whom that information relates; or

(ii) in relation to a function performed by the emergency service provider under this Act; or

(c) the chief psychiatrist, the Health Secretary or the Chief Officer to perform their functions or exercise their powers under this Act; or

S. 728(2)(d) amended by No. 44/2025 s. 43(2)(b).

(d) the Mental Health Tribunal for the purposes of performing its functions or exercising its powers under this Act or the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997; or

(e) the Mental Health and Wellbeing Commission for the purposes of performing its functions or exercising its powers under this Act; or

(f) the Forensic Leave Panel for the purposes of performing its functions or exercising its powers under this Act or the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997; or

S. 728(2)(g) amended by No. 44/2025 s. 43(2)(c).

(g) the primary non-legal mental health advocacy service provider for the purposes of performing its role under section 44(1); or

S. 728(2)(h) inserted by No. 44/2025 s. 43(2)(d).

(h) a prescribed person, or a member of a prescribed class of person, for purposes and in circumstances prescribed by the regulations.

Division 3—Disclosure of health information