Western Australian Current Acts

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HEALTH AND DISABILITY SERVICES (COMPLAINTS) ACT 1995 - SECT 71

71 .         Confidentiality

        (1)         A person who is or has been in a situation to which this section applies must not, whether directly or indirectly, record, disclose, or make use of any information obtained because of that situation except —

            (a)         in the course of duty; or

            (b)         as required or allowed by this Act or any other law; or

            (c)         for the purpose of proceedings for an offence against this Act; or

            (d)         with the written authority of the Minister or the person to whom the information relates; or

            (e)         in other prescribed circumstances.

        Penalty: $2 500.

        (2)         Subject to subsection (1)(c), (d) or (e), the prohibition in subsection (1) extends to the giving of evidence or the production of a book, document or record to a court.

        (3)         This section does not apply to the disclosure of statistical or other information that could not reasonably be expected to lead to the identification of any person to whom it relates.

        (4)         The exceptions in subsection (1)(c) and (d) do not apply to information obtained by a person acting as a conciliator.

        (5)         The situations to which this section applies are —

            (a)         holding the office of Director or being a member of the staff of the Office;

            (b)         being a participant in conciliation or investigation proceedings under this Act, whether as principal or agent;

            (c)         being a person or body to whom the Director refers a complaint;

            (d)         being a person who has received a notice under section 33(a), 35(1) or (3), 37, or 50(2) or (3) or a copy of a communication under section 33(b).

        [Section 71 amended: No. 35 of 2010 s. 90.]



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