Western Australian Current Acts

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PUBLIC HEALTH ACT 2016 - SECT 299

299 .         Information sharing

        (1)         In this section —

        designate includes, in relation to a person or class of persons who are not departmental officers, appoint;

        designated officer means —

            (a)         a public health official designated under subsection (2); or

            (b)         an officer of an enforcement agency (other than the Chief Health Officer) authorised by the agency for the purposes of this section;

        guidelines means guidelines issued under section 300;

        information sharing agency means any of these —

            (a)         a public authority;

            (b)         a department or agency (however described) of the government of the Commonwealth, of another State, of a Territory or of another country;

            (c)         a body, corporate or unincorporate, that is established or continued for a public purpose under a law of the Commonwealth, another State or a Territory;

            (d)         the World Health Organization;

        officer , of an information sharing agency, means —

            (a)         an officer or employee in or of the agency; or

            (b)         if the agency is the Police Force of Western Australia, a member of the Police Force of Western Australia;

        relevant information means information that is relevant to the administration or enforcement of this Act or that is otherwise relevant to public health;

        World Health Organization has the meaning given in the World Health Organization Act 1947 (Commonwealth).

        (2)         The Chief Health Officer may designate a public health official as a designated officer for the purposes of this section.

        (3)         A public health official may, in accordance with the guidelines, disclose relevant information —

            (a)         to another public health official; or

            (b)         to an officer of an enforcement agency (other than the Chief Health Officer); or

            (c)         to an officer of an information sharing agency.

        (4)         An officer of an enforcement agency (other than the Chief Health Officer) may, in accordance with the guidelines, disclose relevant information —

            (a)         to a public health official; or

            (b)         to an officer of another enforcement agency (other than the Chief Health Officer); or

            (c)         to an officer of an information sharing agency.

        (5)         A designated officer may, in accordance with the guidelines, request any of the following to disclose relevant information to the designated officer —

            (a)         an enforcement agency;

            (b)         a public authority;

            (c)         a department or agency (however described) of the government of the Commonwealth, of another State, of a Territory or of another country;

            (d)         a body, corporate or unincorporate, that is established or continued for a public purpose under a law of the Commonwealth, another State or a Territory;

            (e)         the World Health Organization.

        (6)         If information is disclosed, in good faith, under subsection (3) or (4), or by an enforcement agency or a public authority in compliance with a request under subsection (5) —

            (a)         no civil or criminal liability is incurred in respect of the disclosure; and

            (b)         the disclosure is not to be regarded as —

                  (i)         a breach of any duty of confidentiality or secrecy imposed by law; or

                  (ii)         a breach of professional ethics or standards or any principles of conduct applicable to a person’s employment; or

                  (iii)         unprofessional conduct.



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