Document ID: chunk:federal_register_of_legislation:C2011A00139:clause:1_228
Version: federal_register_of_legislation:C2011A00139
Segment Type: clause
Provision Reference: sch 1 cl 228
Character Range: 75979–77240

228  Protection of patient confidentiality

Scope
 (1) This section applies to each of the following bodies:
 (a) the Commission;
 (b) the Performance Authority;
 (c) the Pricing Authority.

Protection of confidentiality
 (2) In the performance of the body's functions, the body must not publish or disseminate information that is likely to enable the identification of a particular patient.
 (3) Subsection (2) does not apply if the publication or dissemination of the information takes place with the consent of:
 (a) if the patient is aged at least 18 years—the patient; or
 (b) if the patient has died but is survived by a person (the surviving partner) who was:
 (i) his or her partner immediately before he or she died; and
 (ii) living with him or her immediately before he or she died;
  the surviving partner; or
 (c) in any other case—an individual who, under the regulations, is authorised to give consent to the publication or dissemination of the information.
 (4) For the purposes of paragraph (3)(b), a person is taken to have been living with his or her partner at a particular time if they were not living together at that time only because of:
 (a) a temporary absence from each other; or
 (b) illness or infirmity of either or both of them.