Victorian Numbered Acts

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HUMAN SERVICES (COMPLEX NEEDS) ACT 2009 (NO. 16 OF 2009) - SECT 23

Confidentiality provision

    (1)     In this section, relevant person means—

        (a)     the Secretary; or

        (b)     a person who is or has been engaged or employed on behalf of the Secretary; or

        (c)     a person who is or has been involved in the management of, engaged or employed at or worked for or at—

              (i)     a service provider to whom a person has been referred for the development of a care plan; or

              (ii)     a service provider identified in a care plan; or

        (d)     a person who is or has been, or a person who is or has been involved in the management of, engaged or employed at or worked for or at, a person or organisation referred to in section 14(2)(d).

    (2)     A relevant person must not (except to the extent necessary     to carry out functions under this Act or any other Act or regulations made under any other Act) disclose to any other person, whether directly or indirectly, any personal information or health information acquired by reason of being a relevant person if a person will or may be identified from that information and that person—

        (a)     is or has been an eligible person; or

        (b)     is a person whose eligibility is being considered by the Secretary; or

        (c)     is a person to whom a care plan relates; or

        (d)     is a member of any such person's family.

Penalty:     60 penalty units.

    (3)     Subsection (2) does not apply to the disclosure of personal information or health information

        (a)     to a court or tribunal in the course of criminal legal proceedings; or

        (b)     pursuant to an order of a court or tribunal made under another Act or law; or

        (c)     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 disclosed; or

        (d)     that is expressly authorised, permitted or required by this Act or another Act or regulations made under any other Act.



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