New South Wales Consolidated Acts

MENTAL HEALTH ACT 2007 - SECT 189

189 Disclosure of information

(cf 1990 Act, s 289)

(1) A person must not disclose any information obtained in connection with the administration or execution of this Act or the Mental Health (Forensic Provisions) Act 1990 or the regulations unless the disclosure is made:

(a) with the consent of the person from whom the information was obtained, or

(b) in connection with the administration or execution of this Act or the Mental Health (Forensic Provisions) Act 1990 , or

(c) without limiting paragraph (b), to a primary carer of a person in connection with the provision of care or treatment to the person under this Act or the Mental Health (Forensic Provisions) Act 1990 , or

(d) for the purposes of any legal proceedings arising out of this Act or the Mental Health (Forensic Provisions) Act 1990 or the regulations or of any report of any such proceedings, or

(d1) for a purpose referred to in health privacy principle 10 (1) (f) (research) under the Health Records and Information Privacy Act 2002 , or

(e) with other lawful excuse.

Maximum penalty: 50 penalty units.

(2) A person is not required to comply with subsection (1) if non-compliance is necessarily implied or reasonably contemplated under an Act or law.