Public Health Act 1997

A person must not disclose to another person any information, relating to a natural person, that is information – that has been obtained by a person for the purposes of this Act or relates to the administration of this Act; and from which the identity of the natural person is apparent or reasonably ascertainable – unless the disclosure of the information is permitted under subsection (2). Fine not exceeding 100 penalty units.

The disclosure of information by a person is permitted if the disclosure – is authorised under subsection (3); and except if subsection (3)(g), (i) or (j) applies, is in accordance with relevant guidelines, if any, in relation to such a disclosure.

A disclosure to a person of information relating to another person (a relevant person) that is information from which the identity of the other person is apparent or reasonably ascertainable is authorised if – the relevant person gives his or her written consent to the disclosure or, where he or she is a child, or a person with a guardian, who is incapable of giving consent, a parent or guardian of the relevant person gives written consent to the disclosure; or the disclosure is disclosure to a person involved in the diagnosis, clinical assessment, treatment or counselling of the relevant person; or the disclosure is disclosure to a person apparently in charge of any institution or facility which is involved in the clinical assessment, treatment or counselling of the relevant person; or the disclosure is disclosure to a person authorised by the Director; or the disclosure is for the purpose of – the management, detection, notification, treatment or prevention of the spread of a notifiable disease or notifiable contaminant; or managing a threat to public health or a likely threat to public health; or the disclosure is for the purpose of an approved epidemiological study, approved study or approved research; or the disclosure is for the purposes of legal proceedings arising out of this Act; or the disclosure is for the purposes of, or occurs in the course of, an inquiry, or investigation, under this Act; or the disclosure is for a purpose authorised, or is required, by this Act or another Act; or the disclosure is for the purposes of ensuring compliance with, and enforcing, this Act.

A person must not disclose to a person any information – that has been obtained by a person for the purposes of this Act or that relates to the administration of this Act; and from which the identity of a business or premises is apparent or reasonably ascertainable – unless the person is permitted to do so under subsection (5). Fine not exceeding 100 penalty units.

The disclosure of information by a person is permitted if the disclosure – is authorised under subsection (6); and except if subsection (6)(d), (g) or (h) applies, is in accordance with relevant guidelines, if any, in relation to such a disclosure.

A disclosure to a person of information from which the identity of a business or premises is apparent or reasonably ascertainable is authorised if – the owner of the business, or the occupier of the premises, gives his or her written consent to the disclosure; or the disclosure is disclosure to a person authorised by the Director; or the disclosure is for the purposes of, or occurs in the course of, an inquiry, or investigation, under this Act; or the disclosure is for a purpose authorised, or is required, by this Act or another Act; or the disclosure is for the purpose of – the management, diagnosis, detection, notification, treatment or prevention of the spread of a notifiable disease or notifiable contaminant; or managing a threat to public health or a likely threat to public health; or the disclosure is for the purpose of an approved epidemiological study, approved study or approved research; or the disclosure is for the purposes of legal proceedings arising out of this Act; or the disclosure is for the purposes of ensuring compliance with, and enforcing, this Act.

For the purposes of this section, a child or person is incapable of giving consent if the child or person is unable to understand the implications of giving consent to the disclosure of information in relation to himself or herself.