sec.209Confidentiality of information

### sec.209 Confidentiality of information This section applies to— a person who is, or was, the chief executive, an inspector or a State radiation analyst; and 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; and a member or a member of a committee. The person must not disclose protected information if— the disclosure of the information would be likely to damage the commercial activities, or adversely affect the intellectual property rights, of the person to whom the information relates; or the information is personal health information for a person; or the information is personal monitoring information for a person. Maximum penalty—50 penalty units. However, subsection (2) does not apply if— the protected information is disclosed— in the performance of functions under this Act; or with the written consent of the person to whom the protected information relates; or to the person to whom the protected information relates; or to a board established under the Health Practitioner Regulation National Law to perform its functions under that Law; or the protected information is otherwise publicly available; or the disclosure of the protected information is authorised or permitted under an Act or is required by law. Also, subsection (2) (a) and (c) do not apply if the protected information is disclosed by the chief executive to the Commonwealth or another State, or an entity of the State, the Commonwealth or another State, for a purpose prescribed under a regulation for this subsection. For subsection (3) (a) (i) , the giving of protected information by the chief executive to the council under section 180 is taken to be disclosed in the performance by the chief executive of functions under this Act. The Commonwealth, other State or entity that receives protected information under subsection (4) — must not give it to anyone else; and must ensure the information is used only for the purpose for which it was given. However, subsection (6) (a) does not prevent the Commonwealth or another State or entity giving the protected information to someone else if the Commonwealth, State or entity reasonably considers the giving of the information is necessary to protect national security. The Hospital and Health Boards Act 2011 , section 142 (1) does not apply to a person to whom this section applies in relation to protected information. As a specific offence is created under subsection (2) , subsection (7) provides that the more general provision in the Hospital and Health Boards Act 2011 , section 142 (Confidential information must not be disclosed) does not apply. In this section— commercial activities means activities conducted on a commercial basis. information includes a document. personal health information , for a person, means information about the person’s health that identifies, or is likely to identify, the person. personal monitoring information , for a person, means— information contained in personal monitoring records kept for the person that identifies, or is likely to identify, the person; or the results of assessments of personal monitoring devices worn by the person that identifies, or is likely to identify, the person. protected information means information disclosed to, or obtained by, a person to whom this section applies in the course of, or because of, the person’s functions under this Act. s 209 amd 2000 No. 46 s 3 sch ; 2001 No. 8 s 237 sch 2 ; 2005 No. 10 s 50 sch ; 2010 No. 8 s 50 ; 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47 ); 2012 No. 10 s 40 ; 2013 No. 13 s 109 (sec.209-ssec.1) This section applies to— a person who is, or was, the chief executive, an inspector or a State radiation analyst; and 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; and a member or a member of a committee. (sec.209-ssec.2) The person must not disclose protected information if— the disclosure of the information would be likely to damage the commercial activities, or adversely affect the intellectual property rights, of the person to whom the information relates; or the information is personal health information for a person; or the information is personal monitoring information for a person. Maximum penalty—50 penalty units. (sec.209-ssec.3) However, subsection (2) does not apply if— the protected information is disclosed— in the performance of functions under this Act; or with the written consent of the person to whom the protected information relates; or to the person to whom the protected information relates; or to a board established under the Health Practitioner Regulation National Law to perform its functions under that Law; or the protected information is otherwise publicly available; or the disclosure of the protected information is authorised or permitted under an Act or is required by law. (sec.209-ssec.4) Also, subsection (2) (a) and (c) do not apply if the protected information is disclosed by the chief executive to the Commonwealth or another State, or an entity of the State, the Commonwealth or another State, for a purpose prescribed under a regulation for this subsection. (sec.209-ssec.5) For subsection (3) (a) (i) , the giving of protected information by the chief executive to the council under section 180 is taken to be disclosed in the performance by the chief executive of functions under this Act. (sec.209-ssec.6) The Commonwealth, other State or entity that receives protected information under subsection (4) — must not give it to anyone else; and must ensure the information is used only for the purpose for which it was given. (sec.209-ssec.6A) However, subsection (6) (a) does not prevent the Commonwealth or another State or entity giving the protected information to someone else if the Commonwealth, State or entity reasonably considers the giving of the information is necessary to protect national security. (sec.209-ssec.7) The Hospital and Health Boards Act 2011 , section 142 (1) does not apply to a person to whom this section applies in relation to protected information. As a specific offence is created under subsection (2) , subsection (7) provides that the more general provision in the Hospital and Health Boards Act 2011 , section 142 (Confidential information must not be disclosed) does not apply. (sec.209-ssec.8) In this section— commercial activities means activities conducted on a commercial basis. information includes a document. personal health information , for a person, means information about the person’s health that identifies, or is likely to identify, the person. personal monitoring information , for a person, means— information contained in personal monitoring records kept for the person that identifies, or is likely to identify, the person; or the results of assessments of personal monitoring devices worn by the person that identifies, or is likely to identify, the person. protected information means information disclosed to, or obtained by, a person to whom this section applies in the course of, or because of, the person’s functions under this Act. - (a) a person who is, or was, the chief executive, an inspector or a State radiation analyst; and - (b) 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; and - (c) a member or a member of a committee. - (a) the disclosure of the information would be likely to damage the commercial activities, or adversely affect the intellectual property rights, of the person to whom the information relates; or - (b) the information is personal health information for a person; or - (c) the information is personal monitoring information for a person. - (a) the protected information is disclosed— (i) in the performance of functions under this Act; or (ii) with the written consent of the person to whom the protected information relates; or (iii) to the person to whom the protected information relates; or (iv) to a board established under the Health Practitioner Regulation National Law to perform its functions under that Law; or - (i) in the performance of functions under this Act; or - (ii) with the written consent of the person to whom the protected information relates; or - (iii) to the person to whom the protected information relates; or - (iv) to a board established under the Health Practitioner Regulation National Law to perform its functions under that Law; or - (b) the protected information is otherwise publicly available; or - (c) the disclosure of the protected information is authorised or permitted under an Act or is required by law. - (i) in the performance of functions under this Act; or - (ii) with the written consent of the person to whom the protected information relates; or - (iii) to the person to whom the protected information relates; or - (iv) to a board established under the Health Practitioner Regulation National Law to perform its functions under that Law; or - (a) must not give it to anyone else; and - (b) must ensure the information is used only for the purpose for which it was given. - (a) information contained in personal monitoring records kept for the person that identifies, or is likely to identify, the person; or - (b) the results of assessments of personal monitoring devices worn by the person that identifies, or is likely to identify, the person.