s.25Confidentiality
25
Section 25Part 6MISCELLANEOUS PROVISIONS

Confidentiality

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Subject to this section, a person to whom this section applies shall not disclose or give to any other person any information or document whereby the identity of a person or a deceased person —
from whose body tissue has been removed for the purpose of transplantation or for use for other therapeutic purposes or for medical or scientific purposes;
with respect to whom or with respect to whose body a consent or authority has been given under this Act; or
into whose body tissue has been, is being, or may be, transplanted,
may become publicly known.
This section applies —
where a consent has been given in accordance with this Act, to a registered medical practitioner who gave a certificate in relation to the consent or any person acting under that medical practitioner's authority;
where tissue has been removed from the body of a person or a deceased person, to the person who removed the tissue or any person acting under that medical practitioner's authority;
where tissue has been transplanted into the body of a person, to the registered medical practitioner who performed the transplantation or any person acting under that medical practitioner's authority; and
where it is proposed that tissue will be transplanted into the body of a person, to the registered medical practitioner who is to perform the transplantation or any person acting under that medical practitioner's authority.
Subsection (1) does not apply to or in relation to any information disclosed —
in pursuance of an order of a court or when otherwise required by any Law;
for the purposes of administration or bona fide medical research;
with the consent of the person to whom the information relates;
when the circumstances in which the disclosure is made are such that the disclosure is or would be privileged; or
for prescribed purposes, by a prescribed person or a person belonging to a prescribed class of persons.