Victorian Current Acts

PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 136

    (1)     If the Chief Health Officer believes that the circumstances exist for the making of an order under section 134 in respect of a person, the Chief Health Officer may—

        (a)     examine any relevant health information held by the Department relating to that person; or

        (b)     require a health service provider to provide to the Chief Health Officer any relevant health information held by the health service provider relating to that person.

    (2)     A health service provider must comply with a requirement under subsection (1)(b).

Note

See section 227.

    (3)     The Chief Health Officer can only use relevant health information obtained under subsection (1) for the purposes of this Division.

    (4)     Without limiting subsection (3), the Chief Health Officer may, subject to the following conditions, disclose relevant health information obtained under subsection (1) to a person to whom section 134(1)(b) applies—

        (a)     the information must only be disclosed to the extent necessary in the interest of rapid diagnosis and clinical management and, where appropriate, treatment for that person; and

        (b)     the information disclosed must not include information that would identify the person to whom the relevant health information relates; and

        (c)     the person to whom the information is disclosed must not disclose, communicate, or make a record of, anything that would identify the person to whom the relevant health information relates; and

        (d)     the information is not admissible in any action or proceedings before any court or tribunal or any board, agency or other person.

    (5)     A person who contravenes subsection (4)(c) is guilty of an offence.

Penalty:     60 penalty units.