South Australian Bills South Australian Bills[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Health Care (Privacy and Confidentiality) Amendment
Bill 2016
A BILL FOR
An Act to amend the
Health
Care Act 2008
.
Contents
Part 2—Amendment of Health Care
Act 2008
3Amendment of section 93—Confidentiality
and disclosure of information
94Unauthorised
access to health records
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Health Care (Privacy and Confidentiality)
Amendment Act 2016.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Health Care
Act 2008
3—Amendment
of section 93—Confidentiality and disclosure of
information
(1) Section 93(1)—after paragraph (d) insert:
or
(e) a person engaged to work at a private hospital.
(2) Section 93(2)—before "disclose" wherever occurring insert in
each case:
use or
(3) Section 93(3)(a)—before "disclosing" insert:
using or
(4) Section 93(3)(b)—before "disclosing" insert:
using or
(5) Section 93(3)(d)(iii)—before "disclosing" insert:
using or
(6) Section 93(3)(e)—before "disclosing" insert:
using or
(7) Section 93(3)(e)—before "disclosure" insert:
use or
(8) Section 93(3)(f) —before "disclosing" insert:
using or
(9) Section 93(3)(f) —before "disclosure" insert:
use or
(10) Section 93(3)(g)—before "disclosing" insert:
using or
(11) Section 93(4)—before "disclosure" insert:
use or
After section 93 insert:
94—Unauthorised access to health
records
(1) A prescribed health employee who performs official functions and
duties at or in relation to an entity to which this section applies must not
access health records held by that entity unless the access is—
(a) reasonably required in the performance of those official functions and
duties; or
(b) otherwise required or authorised by or under law.
Maximum penalty: $20 000.
(2) This section applies to the following entities:
(a) the Department;
(b) an incorporated hospital;
(c) a private hospital;
(d) SAAS.
(3) In this section—
health records means documents, records and information
relating to the provision of a health service to an individual (and includes,
for the avoidance of doubt, any personal information collected in relation to
the provision of a health service);
personal information means information or an opinion, whether
true or not, relating to a natural person or the affairs of a natural person
whose identity is apparent, or can reasonably be ascertained, from the
information or opinion;
prescribed health employee means any of the following
persons:
(a) a person who is an officer, employee or member of staff of an entity
to which this section applies;
(b) a person employed or otherwise engaged (including as a volunteer) in a
capacity—
(i) that requires the person to be present at an entity to which this
section applies; or
(ii) through which the person has access to health records.