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HEALTH RECORDS AND INFORMATION PRIVACY ACT 2002 - SECT 68
Corrupt disclosure or use of health information by public sector officials
(1) A public sector official must not, otherwise than in connection with the
lawful exercise of his or her official functions, intentionally disclose or
use any health information about an individual to which the official has or
had access in the exercise of his or her official functions. : Maximum
penalty--100 penalty units or imprisonment for 2 years or both.
(2) A person
must not induce or attempt to induce a public sector official (by way of a
bribe or other similar corrupt conduct) to disclose any health information
about an individual to which the official has or had access in the exercise of
his or her official functions. : Maximum penalty--100 penalty units or
imprisonment for 2 years or both.
(3) Subsection (1) does not prohibit a
public sector official from disclosing health information if the disclosure
is-- (a) a public interest disclosure within the meaning of the
Public Interest Disclosures Act 2022 , or
(b) made for the purpose of
exercising a function under that Act.
(4) In this section, a reference to a
public sector official includes a reference to a person who was formerly a
public sector official.
Note : Corrupt conduct by employees or agents of
private sector persons in relation to health information may be dealt with
under Part 4A (Corruptly receiving commissions and other corrupt practices) of
the Crimes Act 1900 .
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