Western Australian Current Acts Western Australian Current Acts (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) Subject to
subsection (5A), 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) Subject to
subsection (5A), 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.
(5A) Information about
abortion can only be disclosed under subsection (3), or requested under
subsection (5), if the information —
(a)
meets the requirements set out in section 202MP(3) and (4); and
(b) is
disclosed or requested for a purpose referred to in section 202MQ.
(5B) Subsection (5A)
does not prevent the disclosure under subsection (3) of information about a
suspected offence under section 202MN(1) to a person referred to in
section 280(3).
(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.
[Section 299 amended: No. 20 of 2023 s. 14.]