Circumstances in which collection, use or disclosure of information is authorised (s. 220)
5 Circumstances in which collection, use or disclosure of information is authorised (s. 220)
For the purposes of section 220(1), the collection, use or disclosure of information is authorised in the following circumstances —
the collection, use or disclosure is reasonably necessary to lessen or prevent a serious risk to the life, health or safety of any individual;
the collection, use or disclosure is reasonably necessary to lessen or prevent a real or immediate risk of danger to the public;
the collection, use or disclosure is for a purpose specified in a written agreement between the State and the Commonwealth, another State or a Territory entered into by a Minister of the State or the Department CEO;
the collection, use or disclosure is for the purposes of, or in connection with, obtaining legal advice or representation on behalf of —
the Department CEO or the State; or
a health service provider; or
an individual who is or was a staff member of a health service provider if the individual is indemnified by the State in respect of liability incurred by the individual as a staff member of the health service provider;
the collection, use or disclosure is for the purposes of, or in connection with, an application to the State Administration Tribunal for a guardianship order or an administration order under the Guardianship and Administration Act 1990.
For the purposes of section 220(1), the disclosure of information is also authorised in the following circumstances —
the disclosure is to an individual who is or was a staff member of a health service provider for the purposes of the individual’s compliance with reporting requirements under another law;
the information relates to an individual who is deceased and the disclosure is in response to a written request from —
a coroner, a coroner’s registrar, a coroner’s investigator or a member of the staff of a coroner’s court in connection with an investigation into the death of the individual; or
a medical practitioner who is performing a post mortem on the body of the individual at the direction of a coroner.
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