Document ID: chunk:federal_register_of_legislation:C2021C00418:section:26
Version: federal_register_of_legislation:C2021C00418
Segment Type: section
Provision Reference: s 26
Character Range: 25595–26475

26  Exceptions relating to the person to whom the protected information relates
 (1) Section 23 does not apply to a person if:
 (a) the person discloses protected information to the person to whom the information relates; or
 (b) the person is the person to whom the protected information relates; or
 (c) the making of the record, or the disclosure or use, of the protected information is in accordance with the express or implied consent of the person to whom the information relates.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).
 (2) Subsection (1) applies as if a reference in that subsection to the person to whom the protected information relates includes a reference to the person's legal personal representative if the person is incapable of managing his or her health affairs.