69Disclosure to courts and tribunals

69 Disclosure to courts and tribunals

(1) If: (a) a court or tribunal other than a coroner orders or directs the System Operator to disclose health information included in a healthcare recipient’s My Health Record to the court or tribunal; and (b) the order or direction is given in the course of proceedings relating to: (i) this Act; or (ii) unauthorised access to information through the My Health Record system; or (iia) a share by default provision; or (iii) the provision of indemnity cover to a healthcare provider; and (c) apart from this Part, the System Operator would be required to comply with the order or direction; the System Operator must comply with the order or direction. (2) If a coroner orders or directs the System Operator to disclose health information included in a healthcare recipient’s My Health Record to the coroner, the System Operator must comply with the order or direction. (3) Except as mentioned in subsection (1) or (2), a participant in the My Health Record system, or a healthcare recipient, cannot be required to disclose health information included in a healthcare recipient’s My Health Record to a court or tribunal. (4) Except as mentioned in subsection (1) or (2), the System Operator is not authorised to disclose health information included in a healthcare recipient’s My Health Record to a court or tribunal unless the healthcare recipient consents. (5) Subsections (1) and (2) do not authorise the System Operator to disclose healthcare recipient‑only notes.