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HEALTH PRACTITIONERS (PROFESSIONAL STANDARDS) ACT 1999 - SECT 392

392 Confidentiality

(1) This section applies to a relevant person who, in performing functions under this Act, acquires or acquired information about another person's affairs.

(1A) However, this section applies to an NRAS relevant person only in relation to information that is not protected information within the meaning of the National Law (Queensland), section 214.

Note—
See the National Law (Queensland), part 10, division 2 for maintaining confidentiality of protected information within the meaning of section 214 of that Law.

(2) The relevant person must not disclose the information to anyone else.

Maximum penalty—100 penalty units.

(3) However, the relevant person may disclose the information to someone else—

(a) to the extent necessary to perform the person's functions under or relating to this Act, a health practitioner registration Act or the National Law; or
(b) if the disclosure is to a disciplinary body or an NRAS disciplinary body; or
(c) if the disclosure is to a foreign regulatory authority and the disclosure is necessary for the authority to perform its functions; or
(d) if the disclosure is authorised under an Act or the National Law; or
(e) if the disclosure is otherwise required or permitted by law; or
(f) if the person to whom the information relates agrees to the disclosure; or
(g) if the disclosure is in a form that does not disclose the identity of a person; or
(h) if the information relates to tribunal proceedings under part 9 or 12A and the proceedings are or were open to the public; or
(i) if the information is, or has been, accessible to the public, including, for example, because it is or was recorded in a board's or national board's register; or
(j) if the disclosure is to the Minister to allow the Minister to act under paragraph (k); or
(k) if the Minister considers the disclosure is in the public interest and authorises the person to disclose the information.

(4) If the Minister authorises information to be disclosed under subsection (3)(k) about a matter concerning a registrant or NRAS registrant, the Minister must inform the registrant's board of the authorisation and its purpose.

(5) In this section—

assessor includes a person chosen, under part 12A, division 4, subdivision 3, by the principal registrar from a panel of assessors mentioned in section 398ZL to assist the tribunal in proceedings under part 12A.

former executive officer (medical) means the executive officer appointed under the repealed Medical Board (Administration) Act 2006 before its repeal.

former office (medical) means the Office of the Medical Board of Queensland that was established under the repealed Medical Board (Administration) Act 2006 before its repeal.

NRAS relevant person means a relevant person carrying out functions under part 12A.

panel of assessors includes a professional panel of assessors mentioned in section 398ZL.

registrant's board, in relation to an NRAS registrant, means the NRAS registrant's board.

relevant person means a person who is or was—

(a) a member of a board or former board; or
(b) a member of a panel; or
(c) a member of the tribunal; or
(d) an assessor; or
(e) a member of a panel of assessors; or
(f) an investigator; or
(g) asked by a board to prepare an assessment report or expert's report; or
(h) an inspector; or
(i) the executive officer, a member of the office's staff, the secretary or the principal registrar; or
(j) the former executive officer (medical) or a member of the staff of the former office (medical); or
(k) a member of a health assessment committee; or
(l) an external assessor; or
(m) otherwise involved in the administration of this Act.


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