Victorian Numbered Acts Victorian Numbered Acts(1) The following must not disclose health information about a consumer—
(a) the mental health service provider;
(b) any member of staff or former member of staff of the mental health service provider;
(c) any person who is or was a contractor of the mental health service provider;
(d) any volunteer or former volunteer at the mental health service provider;
(e) any member of the board or former member of the board of the mental health service provider.
Penalty: 60 penalty units.
(2) Subsection (1) does not apply in the following circumstances—
(a) the person to whom the health information relates consents to its disclosure;
(b) the person to whom the health information relates is deceased and the senior available next of kin of the person consents to its disclosure;
(c) the disclosure is reasonably necessary for the mental health service provider to perform functions or exercise powers under this or any other Act;
(d) the disclosure is permitted by an Act other than the Health Records Act 2001 ;
(e) the disclosure is permitted by Health Privacy Principle 2.1, 2.2(a), (f), (g), (h) or (k) or 2.5;
(f) the disclosure is required by another mental health service provider or a health service provider (within the meaning of section 3 of the Health Records Act 2001 ) to provide health services (within the meaning of section 3 of the Health Records Act 2001 ) to the person to whom the health information relates;
(g) the disclosure is made in general terms to a friend, family member or carer of the person to whom the health information relates and the disclosure is not contrary to the views and preferences expressed by the person that the health information must not be disclosed to that friend, family member or carer;
(h) the person to whom the health information relates is a patient and—
(i) the disclosure is reasonably required by a carer of the patient to determine the nature and scope of the care to be provided to the patient and to make the necessary arrangements in preparation for that role or to provide care to the patient; and
(ii) regard has been had to the patient's views and preferences, including those expressed in any advance statement that the patient may have prepared;
(i) the disclosure is made to a psychiatrist giving a second psychiatric opinion for the purposes of Division 4 of Part 5 of this Act and the disclosure includes—
(i) providing access to the clinical records of a patient; or
(ii) discussing the treatment of a patient with the psychiatrist giving a second psychiatric opinion;
(j) the disclosure is made to a parent of the person to whom the health information relates and the person is under the age of 16 years;
(k) the disclosure is made to the
Secretary to the Department of Human Services and the person to whom the
health information relates is the subject of a custody to Secretary order or a
guardianship to Secretary order;
s. 346
(l) the disclosure is reasonably required in connection with the performance of a duty or the exercise of a power by the Minister, the Secretary, the Commissioner, the chief psychiatrist or an authorised officer under this Act or the regulations;
(m) the disclosure is required in connection with a proceeding before the Tribunal, VCAT or the Panel;
(n) the disclosure is required by a court in connection with a proceeding under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 ;
(o) the disclosure is made to a guardian of the person to whom the health information relates and the disclosure is reasonably required in connection with the performance of a duty or the exercise of a power by the guardian;
(p) the disclosure is made to the agent of the person to whom the health information relates and the disclosure is reasonably required in connection with the performance of a duty or the exercise of a power by the agent in accordance with an appointment under the Medical Treatment Act 1988 ;
(q) the disclosure is required in connection with a notification, claim or possible claim to a person or body providing insurance or indemnity (including discretionary indemnity) for any possible liability of the mental health service provider arising out of the provision of mental health services.