56Protection of patient’s identity

#### 56 Protection of patient’s identity 56 Protection of patient’s identity (cf 1991 Act, s 17) > > (1) A registered medical practitioner must not include a patient’s name or address in a certificate under section 54 or in information provided under section 54 or 55 if the condition to which the certificate or information relates is a Category 5 condition. > > > (2) (Repealed) > > > (3) A person who, in the course of providing a service, including the conduct of a pathology test under section 55, acquires information that another person (the person concerned)— > > > > > (a) has been, is to be or is required to be tested for a Category 5 condition, or > > > > > (b) has, or has had, a Category 5 condition, > > > > must take all reasonable steps to prevent that information from being disclosed to any other person. > > > (4) Subsection (3) does not apply to the disclosure of such information— > > > > > (a) with the consent of the person concerned, or > > > > > (b) to a person who is involved in the provision of care, treatment or counselling to the person concerned, or > > > > > (c) to the Secretary, if a person has reasonable grounds to suspect that failure to disclose the information would be likely to be a risk to public health, or > > > > > (d) in connection with the administration of this Act or the regulations, or > > > > > (e) for the purposes of any legal proceedings arising out of this Act or the regulations, or of any report of any such proceedings, or > > > > > (f) in accordance with a requirement imposed under the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068), or > > > > > (f1) in accordance with the [Mandatory Disease Testing Act 2021](/view/html/inforce/current/act-2021-013), or > > > > > (g) in the circumstances prescribed by the regulations. > > > > Note. > > > > The [Health Records and Information Privacy Act 2002](/view/html/inforce/current/act-2002-071) limits the use and disclosure of health information. > > > (5) A registered medical practitioner or other person must not, without reasonable excuse, fail to comply with the requirements of this section. > > > > Maximum penalty—100 penalty units or imprisonment for 6 months, or both. > > **s 56:** Am 2016 No 27, Sch 2.37; 2017 No 43, Sch 1 \[20\]–\[22\]; 2021 No 13, Sch 2.3.