279Protection of patient confidentiality

279 Protection of patient confidentiality

Scope (1) This section applies to each of the following persons or bodies: (a) the Commission; (c) the Pricing Authority; (d) the Administrator; (e) the Funding Body. Protection of confidentiality (2) In the performance of the person or body’s functions, the person or body must not publish or disseminate information that is likely to enable the identification of a particular patient. (3) Subsection (2) does not apply if the publication or dissemination of the information takes place with the consent of: (a) if the patient is aged at least 18 years—the patient; or (b) if the patient has died but is survived by a person (the surviving partner) who was: (i) his or her partner immediately before he or she died; and (ii) living with him or her immediately before he or she died; the surviving partner; or (c) in any other case—an individual who, under the regulations, is authorised to give consent to the publication or dissemination of the information. (4) For the purposes of paragraph (3)(b), a person is taken to have been living with his or her partner at a particular time if they were not living together at that time only because of: (a) a temporary absence from each other; or (b) illness or infirmity of either or both of them. (5) This section applies in relation to an individual accessing funded aged care services (within the meaning of the Aged Care Act) in the same way as it applies in relation to a patient.