South Australian Current Regulations

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HEALTH CARE REGULATIONS 2023 - REG 31

31—Confidentiality

        (1)         Subject to this regulation, a person must not in any circumstances (including proceedings before any court, tribunal or board) divulge confidential information obtained directly or indirectly as a result of a disclosure made under this Part.

Maximum penalty: $10 000.

        (2)         Subregulation (1) does not prevent a person from disclosing confidential information to any of the following:

            (a)         an authorised person;

            (b)         a person providing technical, administrative or secretarial assistance to an authorised person;

            (c)         SA NT DataLink;

            (d)         the Australian Institute of Health and Welfare of the Commonwealth.

        (3)         A person must not, when appearing as a witness in any proceedings before a court, tribunal or board, be asked, and, if asked, is not required to answer, any question directed at obtaining confidential information obtained by that person directly or indirectly as a result of a disclosure made under this Part and any such information volunteered by such a person is not admissible in any proceedings.

        (4)         In this regulation—

"confidential information" means information relating to a health service in which the identity of a patient or a registered health practitioner providing the service is revealed.



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