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PUBLIC HEALTH ACT 2005 - SECT 292
Use of health information held by a health agency
292 Use of health information held by a health agency
(1) The Minister may, by gazette notice, declare information given to a person
under division 2 to be protected information.
(2) The Minister may make a
declaration under subsection (1) only if the Minister reasonably believes it
is in the public interest to do so.
(3) If the Minister makes a declaration
under subsection (1) , the protected information— (a) can not be accessed
under any order, whether of a judicial or administrative nature, other than an
order for the purpose of this Act; and
(b) is not admissible in any
proceeding, other than a proceeding under this Act.
(4) A person can not be
compelled to produce the protected information, or to give evidence relating
to the protected information, in any proceeding, other than a proceeding under
this Act.
(5) Subsections (3) (b) and (4) do not apply if the protected
information is admitted or produced, or evidence relating to the information
is given, with the consent of the person to whom the information relates.
(6)
Nothing in this section limits access to protected information by the chief
executive or a person authorised by the chief executive.
(7) In this
section—
"order" includes a direction or other process.
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