New South Wales Consolidated Acts

HEALTH PRACTITIONER REGULATION NATIONAL LAW (NSW) - SECT 216

216 Duty of confidentiality

(1) A person who is, or has been, a person exercising functions under this Law must not disclose to another person protected information.

: Maximum penalty--

(a) in the case of an individual--$5,000; or

(b) in the case of a body corporate--$10,000.

(2) However, subsection (1) does not apply if--

(a) the information is disclosed in the exercise of a function under, or for the purposes of, this Law; or

(b) the disclosure--

(i) is to a co-regulatory authority; or

(ii) is authorised or required by any law of a participating jurisdiction; or

(ba) for a person exercising functions under a NSW provision, the disclosure is to the National Agency or a National Board; or

Note--: See also section 176F which provides for the confidentiality of protected reports.

Note--: This paragraph is an additional New South Wales provision.

(c) the disclosure is otherwise required or permitted by law; or

(d) the disclosure is with the agreement of the person to whom the information relates; or

(e) the disclosure is in a form that does not identify the identity of a person; or

(f) the information relates to proceedings before a responsible tribunal and the proceedings are or were open to the public; or

(g) the information is, or has been, accessible to the public, including because it is or was recorded in a National Register; or

(h) the disclosure is otherwise authorised by the Ministerial Council.