Document ID: chunk:federal_register_of_legislation:C2015C00053:clause:1_16b:p2
Version: federal_register_of_legislation:C2015C00053
Segment Type: clause
Provision Reference: sch 1 cl 16B (pt 2/2)
Character Range: 29480–31261

of genetic information about an individual (the first individual) if:
 (a) the organisation has obtained the information in the course of providing a health service to the first individual; and
 (b) the organisation reasonably believes that the use or disclosure is necessary to lessen or prevent a serious threat to the life, health or safety of another individual who is a genetic relative of the first individual; and
 (c) the use or disclosure is conducted in accordance with guidelines approved under section 95AA; and
 (d) in the case of disclosure—the recipient of the information is a genetic relative of the first individual.

Disclosure—responsible person for an individual
 (5) A permitted health situation exists in relation to the disclosure by an organisation of health information about an individual if:
 (a) the organisation provides a health service to the individual; and
 (b) the recipient of the information is a responsible person for the individual; and
 (c) the individual:
 (i) is physically or legally incapable of giving consent to the disclosure; or
 (ii) physically cannot communicate consent to the disclosure; and
 (d) another individual (the carer) providing the health service for the organisation is satisfied that either:
 (i) the disclosure is necessary to provide appropriate care or treatment of the individual; or
 (ii) the disclosure is made for compassionate reasons; and
 (e) the disclosure is not contrary to any wish:
 (i) expressed by the individual before the individual became unable to give or communicate consent; and
 (ii) of which the carer is aware, or of which the carer could reasonably be expected to be aware; and
 (f) the disclosure is limited to the extent reasonable and necessary for a purpose mentioned in paragraph (d).