sec.147Confidentiality of information

sec.147 Confidentiality of information

This section applies to the following persons— a person who is, or was, the chief executive, the chief health officer or an authorised person; another person who is, or was, involved in the administration of this Act, including, for example, as a health service employee or public service employee; a member of an advisory committee; a person who was involved in the administration of the repealed division. This section applies to information obtained by a person to whom this section applies in the course of performing the person’s functions under this Act or under the repealed division. The person must not disclose the information if— the disclosure of the information would be likely to damage the commercial activities of the person to whom the information relates; or the information is personal health information; or the information is contained in a report under section 16 . Maximum penalty—50 penalty units. Subsection (3) does not apply if— the information is disclosed— in the performance of functions under this Act; or with the written consent of the person to whom the information relates; or to the person to whom the information relates; or the information is otherwise publicly available; or the information is given in the following circumstances— the chief executive gives the information to a government entity under an agreement with the entity; the agreement is prescribed under a regulation for this paragraph; the chief executive is satisfied the giving of the information is in the public interest; or the information is disclosed to the chief executive to allow the chief executive to act under paragraph (c) or (h) or subsection (6) ; or the disclosure of the information is required or permitted by an Act or another law; or the disclosure of the information is authorised by the chief executive under subsection (6) ; or the disclosure of the information is— to a person authorised in writing by the chief executive to receive the information for evaluating, managing, monitoring or planning health services; or to an entity prescribed under a regulation for this subparagraph for the purpose of evaluating, managing, monitoring or planning health services as stated in the regulation. For subsection (4) (g) , the chief executive may authorise, in writing, the disclosure of information to a person if the chief executive believes, on reasonable grounds, the disclosure is in the public interest. A government entity that receives information under subsection (4) (c) — must not give the information to anyone else, unless allowed to do so— under an agreement mentioned in subsection (4) (c) ; or by the written consent of the chief executive; and must ensure the information is used only for the purpose for which it was given. If the chief executive authorises the disclosure of the information to a person under subsection (6) , the person— must not give the information to anyone else; and must ensure the information is used only for the purpose for which it was given. Maximum penalty—50 penalty units. The chief executive must include in the department’s annual report under the Financial Accountability Act 2009 a statement about authorisations by the chief executive under subsection (6) , including general details about— the nature of the information given to persons under the authorisations; and the purpose for which the information was given to the persons. The statement under subsection (9) must not identify any person. In this section— agreement includes arrangement. commercial activities means activities conducted on a commercial basis. government entity means— the Commonwealth or another State; or an entity of the Commonwealth or another State; or an entity of the State. information includes a document. personal health information means information about a person’s health that identifies, or is likely to identify, the person. s 147 amd 2005 No. 10 s 50 sch ; 2005 No. 48 s 492 sch 1 ; 2006 No. 46 s 227 ; 2009 No. 9 s 136 sch 1 ; 2025 No. 29 s 80 (sec.147-ssec.1) This section applies to the following persons— a person who is, or was, the chief executive, the chief health officer or an authorised person; another person who is, or was, involved in the administration of this Act, including, for example, as a health service employee or public service employee; a member of an advisory committee; a person who was involved in the administration of the repealed division. (sec.147-ssec.2) This section applies to information obtained by a person to whom this section applies in the course of performing the person’s functions under this Act or under the repealed division. (sec.147-ssec.3) The person must not disclose the information if— the disclosure of the information would be likely to damage the commercial activities of the person to whom the information relates; or the information is personal health information; or the information is contained in a report under section 16 . Maximum penalty—50 penalty units. (sec.147-ssec.4) Subsection (3) does not apply if— the information is disclosed— in the performance of functions under this Act; or with the written consent of the person to whom the information relates; or to the person to whom the information relates; or the information is otherwise publicly available; or the information is given in the following circumstances— the chief executive gives the information to a government entity under an agreement with the entity; the agreement is prescribed under a regulation for this paragraph; the chief executive is satisfied the giving of the information is in the public interest; or the information is disclosed to the chief executive to allow the chief executive to act under paragraph (c) or (h) or subsection (6) ; or the disclosure of the information is required or permitted by an Act or another law; or the disclosure of the information is authorised by the chief executive under subsection (6) ; or the disclosure of the information is— to a person authorised in writing by the chief executive to receive the information for evaluating, managing, monitoring or planning health services; or to an entity prescribed under a regulation for this subparagraph for the purpose of evaluating, managing, monitoring or planning health services as stated in the regulation. (sec.147-ssec.6) For subsection (4) (g) , the chief executive may authorise, in writing, the disclosure of information to a person if the chief executive believes, on reasonable grounds, the disclosure is in the public interest. (sec.147-ssec.7) A government entity that receives information under subsection (4) (c) — must not give the information to anyone else, unless allowed to do so— under an agreement mentioned in subsection (4) (c) ; or by the written consent of the chief executive; and must ensure the information is used only for the purpose for which it was given. (sec.147-ssec.8) If the chief executive authorises the disclosure of the information to a person under subsection (6) , the person— must not give the information to anyone else; and must ensure the information is used only for the purpose for which it was given. Maximum penalty—50 penalty units. (sec.147-ssec.9) The chief executive must include in the department’s annual report under the Financial Accountability Act 2009 a statement about authorisations by the chief executive under subsection (6) , including general details about— the nature of the information given to persons under the authorisations; and the purpose for which the information was given to the persons. (sec.147-ssec.10) The statement under subsection (9) must not identify any person. (sec.147-ssec.11) In this section— agreement includes arrangement. commercial activities means activities conducted on a commercial basis. government entity means— the Commonwealth or another State; or an entity of the Commonwealth or another State; or an entity of the State. information includes a document. personal health information means information about a person’s health that identifies, or is likely to identify, the person.