Document ID: chunk:federal_register_of_legislation:C2004A00748:clause:3_2:p3
Version: federal_register_of_legislation:C2004A00748
Segment Type: clause
Provision Reference: sch 3 cl 2 (pt 3/3)
Character Range: 117542–119417

and
 (b) a natural person (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
 (c) 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
 (d) the disclosure is limited to the extent reasonable and necessary for a purpose mentioned in paragraph (b).

 2.5 For the purposes of subclause 2.4, a person is responsible for an individual if the person is:
 (a) a parent of the individual; or
 (b) a child or sibling of the individual and at least 18 years old; or
 (c) a spouse or de facto spouse of the individual; or
 (d) a relative of the individual, at least 18 years old and a member of the individual's household; or
 (e) a guardian of the individual; or
 (f) exercising an enduring power of attorney granted by the individual that is exercisable in relation to decisions about the individual's health; or
 (g) a person who has an intimate personal relationship with the individual; or
 (h) a person nominated by the individual to be contacted in case of emergency.

 2.6 In subclause 2.5:

child of an individual includes an adopted child, a step‑child and a foster‑child, of the individual.

parent of an individual includes a step‑parent, adoptive parent and a foster‑parent, of the individual.

relative of an individual means a grandparent, grandchild, uncle, aunt, nephew or niece, of the individual.

sibling of an individual includes a half‑brother, half‑sister, adoptive brother, adoptive sister, step‑brother, step‑sister, foster‑brother and foster‑sister, of the individual.