South Australian Current Acts

MENTAL HEALTH ACT 2009 - SECT 106

106—Confidentiality and disclosure of information

        (1)         Subject to subsection (2), a person engaged or formerly engaged in the administration of this Act must not disclose personal information relating to a person obtained in the course of administration of this Act except to the extent that he or she may be authorised or required to disclose that information by—

            (a)         the Chief Executive; or

            (b)         in the case of information obtained while working at an incorporated hospital under the Health Care Act 2008 or the SA Ambulance Service Inc ("SAAS")—by the hospital or SAAS (as the case requires).

Maximum penalty: $25 000.

        (2)         Subsection (1) does not prevent a person from—

            (a)         disclosing information as required by law, or as required for the administration of this Act or a law of another State or a Territory of the Commonwealth; or

            (b)         disclosing information at the request, or with the consent, of the person to whom the information relates or a guardian or medical agent of the person; or

            (c)         disclosing information to a relative, carer or friend of the person to whom the information relates if—

                  (i)         the disclosure is reasonably required for the treatment, care or rehabilitation of the person; and

                  (ii)         there is no reason to believe that the disclosure would be contrary to the person's best interests; or

            (d)         subject to the regulations (if any)—

                  (i)         disclosing information to a health or other service provider if the disclosure is reasonably required for the treatment, care or rehabilitation of the person to whom the information relates; or

                  (ii)         disclosing information by entering the information into an electronic records system established for the purpose of enabling the recording or sharing of information in or between persons or bodies involved in the provision of health services; or

                  (iii)         disclosing information to such extent as is reasonably required in connection with the management or administration of the Department, a hospital or SA Ambulance Service Inc (including for the purposes of charging for a service); or

            (e)         disclosing information if the disclosure is reasonably required to lessen or prevent a serious threat to the life, health or safety of a person, or a serious threat to public health or safety; or

            (f)         disclosing information for medical or social research purposes if the research methodology has been approved by an ethics committee and there is no reason to believe that the disclosure would be contrary to the person's best interests; or

            (g)         disclosing information in accordance with the regulations.

        (3)         Subsection (2)(c) does not authorise the disclosure of personal information in contravention of a direction given by the person to whom the information relates.

        (4)         Subsection (3) does not apply to a person to whom a community treatment order or inpatient treatment order applies.

        (5)         In this section—

"personal information" means information or an opinion, whether true or not, relating to a natural person or the affairs of a natural person whose identity is apparent, or can reasonably be ascertained, from the information or opinion.