Mental Health Act 2013

A mental health authority, in giving information to a patient or to any private person about a patient in respect of any matter under this Act, may – withhold any information; or defer the giving of any information; or qualify (but not so as to render it misleading or untruthful) any information.

The withholding, deferral or qualification of the information, if done in good faith, does not constitute – grounds for any legal proceedings; or a breach of any clinical guidelines or standing orders; or in the case of a medical practitioner or other health professional, professional misconduct or a breach of professional ethics.

The mental health authority is to – place a note about the withholding, deferral or qualification of the information, with reasons, on the patient's clinical record; and give notice of the withholding, deferral or qualification of the information, with reasons, to the patient, the patient's representative and the Tribunal; and give, if the mental health authority is not the Chief Psychiatrist, notice of the withholding, deferral or qualification of the information, with reasons, to the Chief Psychiatrist.

A mental health authority may give any information that has been withheld, deferred or qualified under subsection (1) to a medical practitioner nominated by the patient or by the patient's representative.

Subsection (1) does not – authorise a mental health authority to meddle with a copy of an assessment order or treatment order that is required to be given to a patient or other person under a provision of this Act; or authorise a mental health authority to avoid or defer the making of a determination that it is required to make under this Act; or relieve a mental health authority of the obligation to comply fully with – a subpoena issued by a court or other properly constituted tribunal (including the Tribunal) or by a judicial officer; or any other discovery, interrogatory or investigative process sanctioned by or under State or Commonwealth law.

In the event of an inconsistency between this section and another provision of this Act or any instrument made or issued under this Act, this section prevails.

In this section – information means information that, if disclosed or disclosed fully to the patient either directly or through an intermediary, could reasonably be expected to – seriously harm the patient's health; or place the safety of other persons at risk – but does not include – information required to be given when seeking, in accordance with the requirements of section 8 or 9, a person's informed consent to a treatment; or information which is required to be given elsewhere under this Act; meddle, with a copy of an order, means – destroying or damaging the copy; or censoring or editing the copy; or withholding the copy; or giving the copy to a person later than this Act requires; or causing one or more of those things to be done; mental health authority means the Chief Psychiatrist, any controlling authority or an approved medical practitioner; private person means a person who is not a mental health authority. The withholding, deferral or qualification of information is reviewable by the Tribunal – see Division 2 of Part 3 of Chapter 3. The Chief Psychiatrist has power to intervene in such circumstances (if the Chief Psychiatrist is not the relevant decision-maker)– see section 147.