sec.292Use of health information held by a health agency

### sec.292 Use of health information held by a health agency The Minister may, by gazette notice, declare information given to a person under division 2 to be protected information. The Minister may make a declaration under subsection (1) only if the Minister reasonably believes it is in the public interest to do so. If the Minister makes a declaration under subsection (1) , the protected information— can not be accessed under any order, whether of a judicial or administrative nature, other than an order for the purpose of this Act; and is not admissible in any proceeding, other than a proceeding under this Act. A person can not be compelled to produce the protected information, or to give evidence relating to the protected information, in any proceeding, other than a proceeding under this Act. Subsections (3) (b) and (4) do not apply if the protected information is admitted or produced, or evidence relating to the information is given, with the consent of the person to whom the information relates. Nothing in this section limits access to protected information by the chief executive or a person authorised by the chief executive. In this section— order includes a direction or other process. s 292 amd 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47 ) (sec.292-ssec.1) The Minister may, by gazette notice, declare information given to a person under division 2 to be protected information. (sec.292-ssec.2) The Minister may make a declaration under subsection (1) only if the Minister reasonably believes it is in the public interest to do so. (sec.292-ssec.3) If the Minister makes a declaration under subsection (1) , the protected information— can not be accessed under any order, whether of a judicial or administrative nature, other than an order for the purpose of this Act; and is not admissible in any proceeding, other than a proceeding under this Act. (sec.292-ssec.4) A person can not be compelled to produce the protected information, or to give evidence relating to the protected information, in any proceeding, other than a proceeding under this Act. (sec.292-ssec.5) Subsections (3) (b) and (4) do not apply if the protected information is admitted or produced, or evidence relating to the information is given, with the consent of the person to whom the information relates. (sec.292-ssec.6) Nothing in this section limits access to protected information by the chief executive or a person authorised by the chief executive. (sec.292-ssec.7) In this section— order includes a direction or other process. - (a) can not be accessed under any order, whether of a judicial or administrative nature, other than an order for the purpose of this Act; and - (b) is not admissible in any proceeding, other than a proceeding under this Act.