730Permitted disclosure of health information without consent of person

730 Permitted disclosure of health information without consent of person

(1) Subject to subsection (2), the following must not disclose the health information of a person to an entity without that person's consent—

(a) the mental health and wellbeing service provider;

(b) any member of staff or former member of staff of the mental health and wellbeing service provider;

(c) any person who is or was a contractor of the mental health and wellbeing service provider;

(d) any volunteer or former volunteer at the mental health and wellbeing service provider;

(e) any member of the board or former member of the board of the mental health and wellbeing service provider.

(2) A mental health and wellbeing service provider or a person referred to in subsection (1)(b), (c), (d) or (e) may disclose the health information of a person to an entity without that person's consent if—

(a) the disclosure is reasonably necessary for the mental health and wellbeing service provider to perform functions or exercise powers under this Act or any other Act; or

S. 730(2)(ab) inserted by No. 44/2025 s. 45(1).

(ab) the disclosure is reasonably necessary for the entity to perform functions or exercise powers under this Act; or

(b) the disclosure is permitted by HPP 2.1, 2.2(a), (f), (g) or (k) or 2.5; or

(c) the disclosure is—

(i) made in accordance with any guidelines issued by the Health Complaints Commissioner under section 22 of the Health Records Act 2001; and

(ii) reasonably necessary to lessen or prevent—

(A) a serious threat to a person's life, health, safety or welfare; or

(B) a serious threat to public health, public safety or public welfare; or

(d) the disclosure is reasonably required by another mental health and wellbeing service provider or a health service provider to provide health services to the person; or

(e) the disclosure is permitted by an Act other than the Health Records Act 2001; or

(f) subject to section 31, the disclosure is made in general terms to family, a carer or supporter of the person and the disclosure is not contrary to the views and preferences expressed by the person that the health information must not be disclosed to family, a carer or supporter; or

(g) the person is a patient and—

(i) the disclosure is reasonably required by a carer of the patient to determine the nature and scope of the care to be provided to the patient and to make the necessary arrangements in preparation for that role or to provide care to the patient; and