Victorian Repealed Acts Victorian Repealed ActsThis legislation has been repealed.
Confidentiality-information which may identify
89. Confidentiality-information which may identify
(1) A listed person must not, except to the extent necessary-
(a) to carry out functions under this Act or any other Act or regulations
made under this Act or any other Act; or
(b) to give any information he or she is expressly authorised, permitted
or required to give under this or any other Act (other than
section 141(3) of the Health Services Act 1988) or regulations made
under this Act or any other Act-
give to any other person, whether directly or indirectly, any information
acquired by reason of being a listed person if-
(c) a person who is or has been a donor, or a woman who is to undergo, or
may undergo, a treatment procedure or who has undergone a treatment
procedure or a man who is or has been the husband of such a person, or
a person who was born as a result of a treatment procedure, will or
may be identified from that information; or
(d) the information is the name or address entered in the Register kept
under section 82 in relation to a person not referred to in paragraph
(c).
Penalty: 50 penalty units.
(2) Subsection (1) does not apply-
(a) subject to subsections (5), (6) and (7), to the giving of information
with the prior consent in writing of the person about whom the
information relates and any other person who will or may be identified
from the giving of that information; or
(b) to the giving of information to a court or tribunal in the course of
legal proceedings; or
(c) to the giving of information pursuant to an order of a court or
tribunal made under another Act or law; or
(d) to the giving of information as described in section 141(3)(d), (f) or
(ga) of the Health Services Act 1988 in relation to all of the persons
referred to in subsection (1)(c); or
(e) to the giving of information as described in section 141(3)(c) of the
Health Services Act 1988 in relation to a patient who is a woman that
is to undergo, or may undergo, a treatment procedure or who has
undergone a treatment procedure or who is the husband of such a woman;
or
(f) to the giving of information with the consent of the Minister and in
accordance with the conditions specified by the Minister, if the
Minister is of the opinion that it is in the public interest that the
information be so given; or
(g) to the giving of information to the extent reasonably required to
enable the enforcement or investigation of the criminal law; or
(h) where the information relates to a woman who is to undergo, or may
undergo, a treatment procedure or who has undergone a treatment
procedure or to the husband of such a woman, the giving of information
where it is reasonably required for the medical treatment of the woman
or her husband; or
(i) to the giving of information to another listed person to the
extent necessary to carry out any procedure, research or other
activity authorised or regulated by this Act.
(3) In this section-
listed person means-
(a) the licensee of a licensed centre and any person who is or has been a
member or officer of the governing body of that licensee; or
(b) a person who-
(i) is or has been involved in the management of, engaged or employed at
or worked for or at a licensed centre; or
(ii) is or has been a doctor approved under Part 8 to carry out donor
insemination at a place other than a licensed centre or any person who
is or has been engaged or employed by or worked for or with such a
doctor; or
(c) a person who is or had been a designated officer or an approved
doctor, scientist or counsellor; or
(d) any person who carries out or has carried out or is or has been
involved in the carrying out of-
(i) a treatment procedure, whether or not at a licensed centre; or
(ii) research under Part 3 at a licensed centre; or
(iii) anything authorised to be done under this Act;
(iv) any other function under this Act; or
(e) the Authority established under this Act or any person who is or has
been a member of that Authority or employed or engaged to assist the
Authority to carry out its functions; or
* * * * *
(g) any person who is or has been an authorised officer; or
(h) any person who is or has been involved in the administration of this
Act or any corresponding previous enactment.
(4) A reference to any other Act or to a regulation made under any other Act
in subsection (1) does not include a reference to-
(a) a provision which requires or permits the giving of information with
the consent of the person to whom the information relates or the
consent of the senior available next of kin of that person, if he or
she has died, or of the consent of a parent or guardian of such a
person; or
(ab) the Health Privacy Principles in the Health Records Act 2001 or Part 3
or Part 5 of that Act unless the information given-
(i) is about the person who has applied for access or to whom the
disclosure would be made and no other person; or
(ii) is about one person only, and the person who has applied for access or
to whom the disclosure would be made is the first-mentioned person's
guardian; or
(b) the Freedom of Information Act 1982 or a regulation made under that
Act, except to the extent provided for in section 92.
(5) Consent cannot be given by a person under subsection (2)(a) to the giving
of information to another person-
(a) where that other person has made or may make an application for that
information under Divisions 2 or 3 or the regulations in relation to
that person; or
(b) in the prescribed circumstances.
(6) Consent cannot be given under subsection (2)(a) by a person described in
subsection (1)(c) to the giving of the entry in the Register kept under
section 82 in relation to the address of that person, or to the giving of that
person's current address, to another person who has made or may make an
application for information in relation to that person under Division 3 or the
regulations, unless the person who is seeking the information has made such an
application under the relevant provisions or the regulations (as the case may
be) and has been given the name of the person to be identified in accordance
with the Act or the regulations.
(7) To the extent that information will or may identify both a person who was
born as a result of a treatment procedure and any other person described in
subsection (1), the information may be given under subsection (2)(a) if-
(a) the person to whom the information relates was born as a result of the
procedure, and has attained the age of 18 years; and
(b) that person consents to the giving of the information-
notwithstanding that the other person who will or may be identified does not
consent.