Mental Health and Wellbeing Act 2022
733Collection, use and disclosure of personal or health information
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733 Collection, use and disclosure of personal or health information
S. 733(1) amended by No. 20/2023 s. 46(2)(3).
(1) Subject to subsection (4), a mental health and wellbeing service provider may collect and use and disclose the personal information or health information of a person to a specified service provider that the mental health and wellbeing service provider holds in respect of the person for the purposes specified in subsection (3).
S. 733(2) amended by No. 20/2023 s. 46(2)(3).
(2) A specified service provider may collect and use and disclose the personal information or health information of a person to a mental health and wellbeing service provider that the specified service provider holds in respect of the person for the purposes specified in subsection (3).
(3) The personal information or health information of a person may be used and disclosed between mental health and wellbeing service providers and specified service providers if it is reasonably necessary—
(a) to assist in the transfer of the person between mental health and wellbeing service providers and specified service providers; or
(b) to ensure integrated services are provided to the person by mental health and wellbeing service providers and specified service providers providing services to the person.
S. 733(4) amended by No. 20/2023 s. 46(3).
(4) A mental health and wellbeing service provider must inform a person who is receiving services from the provider that the provider may disclose the personal information or health information of a person to specified service providers providing services to the person unless the person elects that the information not be disclosed.
(5) If a person elects to not have their personal information or health information disclosed under subsection (4), the mental health and wellbeing service provider must keep a written record of that election.