Mental Health Act 2015

An information sharing entity may enter into an arrangement (an information sharing protocol) with another information sharing entity to allow each entity—

to request and receive relevant information held by each other entity; and

to disclose relevant information to each other entity.

An information sharing entity may share relevant information under an information sharing protocol only if satisfied, and to the extent, it is reasonably necessary for the safe and effective treatment, care or support of the person to whom the information relates.

Relevant information about a person in relation to whom a forensic mental health order is in force may be shared under an information sharing protocol without the consent of the person.

If an information sharing entity shares relevant information without the consent of the person to whom the information relates, the entity must tell the following people in writing about the information shared and reasons for sharing the information:

if the person has a guardian under the Guardianship and Management of Property Act 1991—the guardian;

if the person has an attorney under the Powers of Attorney Act 2006—the attorney;

if the person has a nominated person—the nominated person.

Subsection (4) applies to information shared about any person other than information about a detainee or young detainee that is shared—

because of a request for information under—

the Corrections Management Act 2007, section 77 (Health reports); or

the Children and Young People Act 2008, section 186 (Health reports); or

between the CYP director-general, the corrections director‑general and the director-general.