Non-disclosure of information—complaint resolution processes
151 Non-disclosure of information—complaint resolution processes
The Commissioner or a member of the staff of the Commissioner must not disclose any information gained by that person in the course of a complaint resolution process, except as authorised under this section.
Penalty: 60 penalty units.
Despite subsection (1), the Commissioner is authorised and may disclose information to which subsection (1) applies if—
the Commissioner reasonably believes that the disclosure is necessary for or in connection with the administration of this Act; or
the disclosure is for the purposes of any legal proceedings arising out of this Act; or
the disclosure is made with the written authority of the Secretary, and the Secretary reasonably believes it is in the public interest to do so; or
the disclosure is made with the written authority of the person to whom the information relates; or
the disclosure is to the Australian Health Practitioner Regulation Agency or a relevant National Board and is made for the purposes of section 148; or
S. 151(2)(f) amended by No. 34/2019 s. 83.
the Commissioner reasonably believes that the disclosure is necessary to avoid a serious risk to—
the life, health, safety or welfare of a person; or
the health, safety or welfare of the public.
This Act’s bill:Explanatory memorandumSecond reading speech
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