Victorian Numbered Acts

MENTAL HEALTH ACT 2014 (NO. 26 OF 2014) - SECT 265

    (1)     A person who is, or has been, the Commissioner or a person employed or engaged under section 230 must not, directly or indirectly, make a record of, disclose or communicate to any person, any information relating to the affairs of a natural person acquired in the performance of functions or duties or the exercise of powers under this Act, unless—

        (a)     it is necessary to do so for the purposes of, or in connection with, the performance of a function or duty or the exercise of a power under this Act; or

        (b)     the person to whom the information relates gives written consent to the making of the record, disclosure or communication.

Penalty:     60 penalty units.

    (2)     Subsection (1) does not prevent a person from producing a document to a court in the course of criminal proceedings or in the course of any proceedings under this Act or divulging or communicating to a court, in the course of any such proceedings, any matter or thing coming under the notice of the person in the performance of official duties or in the performance of a function or in the exercise of a power referred to in subsection (1).