732Mental health and wellbeing service provider may refuse to disclose despite consent

732 Mental health and wellbeing service provider may refuse to disclose despite consent

A mental health and wellbeing service provider is not required to disclose the health information of a person to family, a carer or a supporter despite consent being given for that disclosure under section 731 if the provider is of the opinion that any of the following applies—

(a) the disclosure poses a threat to the life or health of any person;

(b) the disclosure could unreasonably impact on the privacy of other persons;

(c) the disclosure is unlawful;

(d) the disclosure is inconsistent with a requirement or authorisation by or under law;

(e) the disclosure may prejudice an investigation of unlawful activity;

(f) the disclosure may prejudice a law enforcement function by or on behalf of law enforcement agency;

(g) the disclosure is likely to cause damage to the security of Australia in the course of a law enforcement agency performing a function.

Division 4—Information sharing between mental health and wellbeing service providers and specified service providers

S. 733 (Heading) amended by No. 20/2023 s. 46(1).