Commonwealth Consolidated Acts

NATIONAL HEALTH SECURITY ACT 2007 - SECT 25

Disclosure to person to whom information relates

  (1)   Section   21 does not apply if:

  (a)   a person (the first person ) obtains protected information for a permissible purpose; and

  (b)   the information relates to another person; and

  (c)   the first person discloses the information to the other person.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (1): see subsection   13.3(3) of the Criminal Code .

  (2)   If subsection   (1) applies in respect of information, then section   21 does not apply to any of the following:

  (a)   any record of that information that is made by the person to whom the information relates;

  (b)   any disclosure or use of that information by the person to whom the information relates;

  (c)   any record of that information that is made by any other person, or any disclosure or use of that information by any other person, which is derived from a record, disclosure or use referred to in paragraph   (a) or (b).

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (2): see subsection   13.3(3) of the Criminal Code .

Consent to disclosure etc. of information

  (3)   Section   21 does not apply if:

  (a)   a person (the first person ) obtains protected information; and

  (b)   the person to whom the information relates has expressly consented to the first person making a record of, or disclosing or using, the information for a certain purpose; and

  (c)   the first person makes the record, or discloses or uses the information, for that purpose.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (3): see subsection   13.3(3) of the Criminal Code .