738Destroying or damaging information held by mental health and wellbeing service providers

738 Destroying or damaging information held by mental health and wellbeing service providers

(1) A person must not, without lawful authority, access, use, disclose, damage or destroy any health information or personal information held by a mental health and wellbeing service provider unless the health information or personal information is accessed, used, disclosed, damaged or destroyed in accordance with this Act or any other Act.

(2) Subsection (1) does not apply to a person who accesses, uses, damages or destroys any health information or personal information held by a mental health and wellbeing service provider—

(a) for the purpose of, or in connection with, the performance of a function or duty or the exercise of a power under this Act or any other Act; or

(b) with the written consent of the person to whom the health information or personal information relate; or

(c) as required by a court or tribunal in relation to a criminal proceeding.