South Australian Current Acts South Australian Current Acts (1) If a person, in
the course of official duties, obtains personal information relating to
another, the person must not intentionally disclose that information except to
the extent that the person is authorised to do so under subsection (2).
Maximum penalty: $25 000.
(2) A person is
authorised to disclose information if the person is—
(a)
disclosing information in the course of official duties, or for any other
purpose connected with the administration of this Act or a law of another
State or a Territory of the Commonwealth or of the Commonwealth; or
(b)
disclosing information as required by law; or
(c)
without limiting paragraph (b), disclosing information as required by a
court or tribunal constituted by law; or
(d)
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
(e)
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 recovery of the person; and
(ii)
there is no reason to believe that the disclosure would
be contrary to the person's best interests; or
(f)
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
recovery 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 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 a hospital or
ambulance service; or
(g)
without limiting a preceding paragraph, disclosing information to the extent
to which it is reasonably necessary—
(i)
to provide treatment to the person; or
(ii)
to prevent the transmission of any disease constituting a
controlled notifiable condition; or
(h)
without limiting a preceding paragraph, 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
(i)
disclosing information for medical, research or
statistical purposes if—
(i)
there is no reason to believe that the disclosure would
be contrary to the person's best interests; and
(ii)
the disclosure is of a kind approved by the
Chief Public Health Officer for the purposes of this paragraph; or
(ia)
disclosing information in accordance with an authorisation of the
Chief Public Health Officer; or
(j)
disclosing information in accordance with the regulations.
(3)
Subsection (2)(e) does not authorise the disclosure of information in
contravention of a direction given by the person to whom the information
relates.
(4) In this
section—
"domestic partner"—a person is a domestic partner of another if the
person is a domestic partner of the other within the meaning of the
Family Relationships Act 1975 , whether declared as such under that Act
or not;
"personal information" means—
(a)
medical information; or
(b)
information relating to a person's personal affairs;
"relative"—a person is a relative of another if the person is a spouse,
domestic partner or parent of the other of or over 18 years of age or a
brother, sister, son or daughter of the other.