Restriction on disclosure of results of analysis
29 Restriction on disclosure of results of analysis
In this section —
health professional has the meaning given in the Civil Liability Act 2002 section 5PA;
senior next of kin, in relation to a deceased person, has the meaning given in the Coroners Act 1996 section 37(5).
A person who conducts an analysis of a sample under this Act must not disclose the results of the analysis to any person other than one or more of the following —
an affected public officer;
the Commissioner or any other public officer acting in the course of duty;
the suspected transferor;
if the suspected transferor is a protected person — a responsible person;
if the suspected transferor is a deceased person, the senior next of kin of the suspected transferor;
a doctor, nurse or other health professional involved in treating or providing care for an affected public officer or the suspected transferor;
a psychiatrist, psychologist or social worker providing counselling for an affected public officer or the suspected transferor;
a person to whom the disclosure is authorised or required to be made under a written law;
a prescribed person, or a person in a prescribed class of persons.
Penalty: a fine of $9 000 and imprisonment for 9 months.
A person referred to in subsection (2) to whom information is disclosed under this section must not disclose the information except to another person referred to in subsection (2).
Penalty: a fine of $9 000 and imprisonment for 9 months.
Subsection (3) does not apply to an affected public officer unless the disclosure is done —
by way of a public disclosure through the mass media by the affected public officer of the results of the analysis; and
in such a way as to reveal the identity of the suspected transferor.
Subsection (3) does not apply to the suspected transferor unless the disclosure is done —
by way of a public disclosure through the mass media by the suspected transferor of the results of the analysis; and
in such a way as to reveal the identity of the affected public officer.
[Section 29 amended: No. 21 of 2020 s. 15.]
This provision refers to the regulations (prescribed person
, prescribed class
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.