Disclosure of information on director-general’s initiative
68 Disclosure of information on director-general’s initiative
The director-general may, on their own initiative, disclose information kept in the donor register that has been entered or revised under section 59 or section 60 to a person who would otherwise be entitled to be given the information under this part.
The director-general may, on their own initiative, disclose personal health information kept in the donor register—
only if the director-general believes on reasonable grounds that the disclosure is necessary to—
prevent or reduce a serious and imminent risk to anyone’s life or physical, mental or emotional health; or
warn the person to whom the information is disclosed about the existence of a medical condition that may be harmful to the person or the person’s children (including future children); and
to the following people:
a mature donor conceived person if the information is about their donor;
a parent of a donor conceived child or young person if the information is about the child or young person’s donor;
a person who is pregnant as a result of ART treatment or self-insemination using a donor’s donated gamete if the information is about the donor;
a donor if the information is about a person born as a result of ART treatment or self-insemination using the donor’s donated gamete;
a donor conceived person if the information is about their donor sibling.
The director-general may, on their own initiative, disclose information kept in the donor register—
if the director-general believes on reasonable grounds that—
a donor or donor conceived person is involved in a consanguineous relationship; or
another serious risk to the safety or welfare of a donor or donor conceived person exists; and
only to the extent that the disclosure is necessary to allow the affected person, or their parent, to understand the risk; and
to the following people:
a donor, or donor conceived person, to whom subsection (3) applies (an affected person);
a parent of an affected child or young person.
Nothing in this section requires the director-general to disclose information to any person.
In this section:
personal health information—see the Health Records (Privacy and Access) Act 1997, dictionary.
This Act’s bill:Explanatory statementSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.