Victorian Numbered Acts Victorian Numbered Acts(1) This section applies to the following persons—
(a) a person who is, or has been, the chief psychiatrist;
(b) a person who is, or has been, employed or engaged under section 142 or 143.
(2) Subject to subsection (3), a person to whom this section applies must not—
(a) directly or indirectly make a record of, or divulge or communicate to any person, any information gained by or conveyed to the person by reason of the conducting of a clinical practice audit or clinical review that may identify a mental health service provider or any other person; or
(b) make use of the information for any purpose—
other than in the performance of the functions under this Act relating to a clinical practice audit or clinical review.
Penalty: 10 penalty units.
(3) Nothing in this section prevents the chief psychiatrist from using or disclosing information gained or conveyed by reason of conducting a clinical practice audit or clinical review if the chief psychiatrist is satisfied that the use or disclosure is necessary to prevent serious or imminent harm to a person's health or safety.
(4) Subsection (2) has effect despite anything to the contrary in section 12 of the Audit Act 1994 .
(5) A person to whom this section applies must not be required—
(a) to produce before any court or tribunal or any board, agency or other person any document that has come into the person's possession or under the person's control in the performance of the functions under this Act relating to a clinical practice audit or clinical review; or
(b) to divulge or communicate to any court or tribunal or any board, agency or other person any matter or thing that has come under the person's notice in the performance of the functions under this Act relating to a clinical practice audit or clinical review.
(6) The Freedom of Information Act 1982 does not apply to a document or any information referred to in subsection (5).
(7) Part 5 and HPP 6 of the Health Records Act 2001 do not apply to a document or any information referred to in subsection (5).
(8) Nothing in this section prevents a person to whom this section applies from including information in any document that does not contain any particulars which would be likely to lead to the identification of a person from whom or in relation to whom the information was obtained.