sec.74Protected use of confidential information

### sec.74 Protected use of confidential information Despite section 74A , an attorney, including a statutory health attorney, may disclose confidential information that relates only to a particular person to the particular person. If an attorney, including a statutory health attorney, gains confidential information because of being an attorney, or because of an opportunity given by being an attorney, the person may use the information for the purposes of this Act or as provided under subsection (3) . Confidential information may be used— if authorised or required under a regulation or another law; or for a proceeding arising out of or in connection with this Act; or if authorised by the person to whom the information relates; or if authorised by the court or the tribunal in the interests of justice; or if necessary to prevent a serious risk to a person’s life, health or safety; or for the purpose of obtaining legal or financial advice; or if reasonably necessary to obtain counselling, advice or other treatment; or in reporting a suspected offence to a police officer or assisting a police officer in the investigation of a suspected offence; or in assisting the public guardian, the public advocate or a public service officer in the performance of functions under this Act, the Guardianship and Administration Act 2000 or the Public Guardian Act 2014 . In this section— confidential information includes information about a person’s affairs but does not include— information within the public domain unless further disclosure of the information is prohibited by law; or statistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates; or information about a guardianship proceeding. guardianship proceeding see Guardianship and Administration Act 2000 , schedule 4 . use , confidential information, includes disclose or publish. s 74 amd 2005 No. 70 s 126B sub 2008 No. 54 s 24 amd 2012 No. 37 s 51 sch ; 2014 No. 26 s 268 (sec.74-ssec.1) Despite section 74A , an attorney, including a statutory health attorney, may disclose confidential information that relates only to a particular person to the particular person. (sec.74-ssec.2) If an attorney, including a statutory health attorney, gains confidential information because of being an attorney, or because of an opportunity given by being an attorney, the person may use the information for the purposes of this Act or as provided under subsection (3) . (sec.74-ssec.3) Confidential information may be used— if authorised or required under a regulation or another law; or for a proceeding arising out of or in connection with this Act; or if authorised by the person to whom the information relates; or if authorised by the court or the tribunal in the interests of justice; or if necessary to prevent a serious risk to a person’s life, health or safety; or for the purpose of obtaining legal or financial advice; or if reasonably necessary to obtain counselling, advice or other treatment; or in reporting a suspected offence to a police officer or assisting a police officer in the investigation of a suspected offence; or in assisting the public guardian, the public advocate or a public service officer in the performance of functions under this Act, the Guardianship and Administration Act 2000 or the Public Guardian Act 2014 . (sec.74-ssec.4) In this section— confidential information includes information about a person’s affairs but does not include— information within the public domain unless further disclosure of the information is prohibited by law; or statistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates; or information about a guardianship proceeding. guardianship proceeding see Guardianship and Administration Act 2000 , schedule 4 . use , confidential information, includes disclose or publish. - (a) if authorised or required under a regulation or another law; or - (b) for a proceeding arising out of or in connection with this Act; or - (c) if authorised by the person to whom the information relates; or - (d) if authorised by the court or the tribunal in the interests of justice; or - (e) if necessary to prevent a serious risk to a person’s life, health or safety; or - (f) for the purpose of obtaining legal or financial advice; or - (g) if reasonably necessary to obtain counselling, advice or other treatment; or - (h) in reporting a suspected offence to a police officer or assisting a police officer in the investigation of a suspected offence; or - (i) in assisting the public guardian, the public advocate or a public service officer in the performance of functions under this Act, the Guardianship and Administration Act 2000 or the Public Guardian Act 2014 . - (a) information within the public domain unless further disclosure of the information is prohibited by law; or - (b) statistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates; or - (c) information about a guardianship proceeding.