Australian Capital Territory Numbered Acts

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HEALTH PROFESSIONALS ACT 2004 (NO. 38 OF 2004) - SECT 129

Secrecy

    (1)     In this section:

"court" includes any tribunal, authority or person with power to require the production of documents or the answering of questions.

"produce" includes allow access to.

"protected information" means information about a person that is disclosed to, or obtained by, an informed person because of the exercise of a function under this Act.

    (2)     An informed person must not—

        (a)     make a record of protected information; or

        (b)     directly or indirectly divulge or communicate protected information about someone to anyone else; or

        (c)     produce to anyone, or give anyone access to, a document given under this Act.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (3)     Subsection (2) does not apply if the informed person makes the record, or divulges or communicates the information, in relation to the exercise of a function of the person under this Act or another Territory law.

    (4)     Subsection (2) does not prevent an informed person from divulging or communicating protected information

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

        (b)     to a person administering or enforcing a corresponding law of a local jurisdiction; or

        (c)     to a law enforcement authority.

    (5)     An informed person need not divulge or communicate protected information to a court, or produce a document containing protected information to a court, unless it is necessary to do so for this Act or another Act.



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