Unlawful disclosure of confidential information
28 Unlawful disclosure of confidential information
(1) A person commits an offence if the person engages in conduct that results in the disclosure of confidential information to someone else.
Fault elements:
The person:
intentionally engages in the conduct; and
(b) is reckless as to whether the conduct would result in the disclosure of the information; and
(c) is reckless as to whether the information is confidential information.
Maximum penalty: 200 penalty units or imprisonment for 2 years.
(2) Subsection (1) does not apply in relation to confidential information disclosed:
(a) in pursuance of an order of a court or when otherwise required by law; or
(b) for the purposes of hospital administration or bona fide medical research; or
(c) with the consent of the person to whom the information relates; or
(d) when the circumstances in which the disclosure is made are such that the disclosure is or would be privileged.
In this section:
confidential information means information that identifies, or is likely to identify the person:
(a) from whose body tissue has been removed for an authorised purpose; or
(b) in relation to whom or whose body a consent or authorisation has been given under this Act; or
(c) into whose body tissue has been, is being, or may be, transplanted.
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