Confidentiality

Current

(1)

For the purposes of this section, a person is engaged in connection with the operation of this Act if the person is—

(a)

an officer or employee of the Department, or an attached office attached to the Department, engaged in the administration of this

Act; or

(ab)

a member of the governing board for an incorporated hospital; or

(ac)

a member of the governing board for an incorporated health service; or

(b)

a person employed by an employing authority under this Act; or

(c)

a member of the staff of SAAS; or

(d)

a person otherwise engaged to work at an incorporated hospital or an incorporated health service or in connection with the activities of

SAAS.

(2)

Subject to subsection (3), a person engaged or formerly engaged in connection with the operation of this Act must not disclose personal information relating to a person obtained while so engaged except to the extent that he or she may be authorised or required to disclose that information—

(a)

by the Chief Executive or his or her employer; or

(b)

in the case of information obtained while working at an incorporated hospital, an incorporated health service or SAAS—by the hospital, the health service or SAAS (as the case requires).

Maximum penalty: $10 000.

(3)

Subsection (2) does not prevent a person from—

(a)

disclosing information as required or authorised by or under law; or

(b)

disclosing information at the request, or with the consent, of—

(i)

the person to whom the information relates; or

(ii)

a guardian of the person to whom the information relates; or

(iii)

a medical agent of the person to whom the information relates; or

(iv)

a substitute decision‑maker for the person to whom the information relates (within the meaning of the Advance

Care Directives Act 2013);

(c)

disclosing information to a relative, carer or friend of the person to whom the information relates if—

(i)

the disclosure is reasonably required for the treatment, care or rehabilitation of the person; and

(ii)

there is no reason to believe that the disclosure would be contrary to the person's best interests; or

(d)

subject to the regulations (if any)—

(i)

disclosing information to a health or other service provider if the disclosure is reasonably required for the treatment, care or rehabilitation of the person to whom the information relates; or

(ii)

disclosing information by entering the information into an electronic records system established for the purpose of enabling the recording or sharing of information between persons or bodies involved in the provision of health services; or

(iii)

disclosing information to such extent as is reasonably required in connection with the management or administration of the Department, an attached office attached to the Department, a hospital, an incorporated health service or SAAS (including for the purposes of charging for a service);

(e)

disclosing information if the disclosure is reasonably required to lessen or prevent a serious threat to the life, health or safety of a person, or a serious threat to public health or safety; or

(f)

disclosing information for medical or social research purposes if the research methodology had been approved by an ethics committee and there is no reason to believe that the disclosure would be contrary to the person's best interests; or

(fa)

disclosing information to South Australia Police if there are reasonable grounds to suspect that an offence has been, or may be, committed and the disclosure is reasonably required for the purpose of reporting the matter to South Australia Police; or

(fb)

disclosing information to the State Coroner, or to a person who is an investigator under the Coroners

Act 2003 investigating a death on behalf of the State Coroner; or

(fc)

disclosing information to a legal practitioner engaged by or on behalf of the

Minister, the Department, an attached office to the Department, an incorporated hospital, an incorporated health service, SAAS or the

South Australian Government Financing Authority (acting in its function as insurer to an entity referred to in this paragraph) to provide legal representation or legal advice; or

(fd)

disclosing information to the Minister or persons employed or engaged to work for the Minister for the purposes of the Minister handling a complaint made by the person to whom the information relates (or by their personal representative) about health services the person has received; or

(g)

disclosing information in accordance with the regulations.

(4)

Subsection (3)(c) does not authorise the disclosure of personal information in contravention of a direction given by the person to whom the information relates.

(5)

Subsection (4) does not apply to a person who is subject to an order under the Mental

Health Act 2009.

(6)

In this section—

legal practitioner has the same meaning as in the Legal

Practitioners Act 1981;

personal information means information or an opinion, whether true or not, relating to a natural person or the affairs of a natural person whose identity is apparent, or can reasonably be ascertained, from the information or opinion;

personal representative, of a person, means—

(a)

a guardian of the person; or

(b)

a medical agent of the person; or

(c)

a substitute decision-maker for the person (within the meaning of the

Advance

Care Directives Act 2013);

South

Australia Police has the same meaning as in the Police

Act 1998.

Regulations

This provision refers to the regulations (the regulations). Made under this Act:

Health Care Regulations 2023

This Act’s bill:Second reading speech

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93 Confidentiality