After section 87B of the Principal Act , the following section is inserted in Part 9:

87C.     Disclosure of critical health information by health officials

(1)  In this section –

health information , concerning a prisoner or detainee, means information about his or her health or medical treatment;

health official means any of the following:

(a) the Chief Forensic Psychiatrist;

(b) the chief executive officer of a Tasmanian Health Organisation within the meaning of the Tasmanian Health Organisations Act 2011 ;

(c) a person prescribed by the regulations;

(d) a member of a class of persons prescribed by the regulations.

(2)  A health official may disclose to the Director such health information about a prisoner or detainee as the Director reasonably requires for the treatment, care and rehabilitation of the prisoner or detainee.

(3)  A health official who discloses health information about a prisoner or detainee pursuant to subsection (2)  –

(a) does not, by reason of the disclosure, incur any criminal, civil or administrative liability; and

(b) is not, by reason of the disclosure –

(i) taken to have breached any rule of law or practice that would otherwise prohibit the person from making the disclosure; or

(ii) taken to have broken any professional or other oath, or breached any professional or other code, standard or guideline of ethics or etiquette that might otherwise bar the person from, or condemn the person for, making the disclosure; or

(iii) liable to condemnation or disciplinary action by any professional body or other person.

(4)  A health official may only disclose to the Director health information about a prisoner or detainee under subsection (2) if the health official has, where practicable, sought the agreement of the prisoner or detainee to the disclosure, but may disclose the information to the Director under that subsection whether or not such agreement has been obtained.

(5)  Subsection (3) has effect despite the Personal Information Protection Act 2004 or any other law relating to the confidentiality or privacy of information.

(6)  The Director is not to use health information disclosed to him or her pursuant to subsection (2) except for the purposes of determining and managing the relevant prisoner's or detainee's treatment, care and rehabilitation.