Victorian Repealed Acts

This legislation has been repealed.

Health Act 1958 - SECT 162H

Confidentiality

162H. Confidentiality





(1) A member of the Council or of any sub-committee or any person employed or
engaged by the Council or any employee in the Department made available to the
Council for the purposes of carrying out its functions under section 162F
shall not except to the extent necessary to perform those functions or to
provide information in accordance with section 162FB, either directly or
indirectly make a record of or divulge or communicate to any person any
information that is gained by or conveyed to him by reason of his office,
employment or engagement or make use of the information for any purpose other
than the performance of those functions.

Penalty: 20 penalty units.

(2) A member of the Council or of any sub-committee or any person employed or
engaged by the Council or any employee in the Department made available to the
Council shall not be required-

   (a)  to produce before any court, tribunal, board, agency or person any
        document that has come into his possession or under his control in the
        performance of the functions of the Council under this Part; or

   (b)  to divulge or communicate to any court, tribunal, board, agency or
        person any matter or thing that has come under his notice in the
        performance of the functions of the Council under this Part.

(3) Except in the case of information or reports published by the Council
pursuant to section 162F, no evidence of any other information or reports
obtained by or in the possession of the Council shall be admissible in any
action or proceedings before any court, tribunal, board, agency or person.

(4) Subsection (1) has effect despite anything to the contrary in section 12
of the Audit Act 1994.