Commonwealth Consolidated Acts

NATIONAL HEALTH SECURITY ACT 2007 - SECT 19

Use by persons in performing functions or duties or exercising powers

  (1)   A person may do one or both of the following, in the performance of the person's functions or duties, or the exercise of the person's powers, for a permissible purpose:

  (a)   disclose information (including personal information), on behalf of a responsible Commonwealth, State or Territory body, to the National Focal Point;

  (b)   make a record of, or disclose or otherwise use, protected information in accordance with Division   6 or 7 of this Part.

Note:   This subsection constitutes an authorisation for the purposes of other laws, such as paragraph   6.2(b) of Australian Privacy Principle   6.

  (2)   A person may make a record of, or disclose or otherwise use, protected information if:

  (a)   the person is:

  (i)   an officer or employee of the Commonwealth, a State, the Australian Capital Territory or the Northern Territory; or

  (ii)   an officer or employee of an agency or instrumentality of the Commonwealth, a State, the Australian Capital Territory or the Northern Territory; or

  (iii)   a person engaged by the Commonwealth, a State, the Australian Capital Territory or the Northern Territory, to perform public health work; or

  (iv)   a person engaged by an agency or instrumentality of the Commonwealth, a State, the Australian Capital Territory or the Northern Territory, to perform public health work; and

  (b)   the person makes the record of, or discloses or otherwise uses, the information:

  (i)   in the performance of the person's functions or duties, or the exercise of the person's powers; and

  (ii)   for a permissible purpose.

Note:   This subsection constitutes an authorisation for the purposes of other laws, such as paragraph   6.2(b) of Australian Privacy Principle   6.

  (3)   In determining the scope of a person's functions, duties or powers for the purposes of subsection   (1) or (2), disregard any provision of an enactment that restricts or prohibits the making of records, or the disclosure or use, of information.

Use by Minister

  (4)   The Minister may:

  (a)   do any of following for the purpose of giving effect to the International Health Regulations:

  (i)   disclose protected information to the World Health Organization or a State Party;

  (ii)   make a record of or use protected information; and

  (b)   do any of the following for the purpose of assisting other countries to prevent, protect against, control or respond to an event relating to public health:

  (i)   disclose protected information to a country that is affected or might be affected by the event;

  (ii)   make a record of or use protected information for the purpose of determining whether a country is affected by the event.

Note 1:   Examples of where Australia may disclose information to the World Health Organization include a disclosure for the purposes of Articles 6 to 10 of the International Health Regulations . For example, for the purposes of Articles 6, 7 and 10 of those Regulations, Australia may urgently need to notify the World Health Organization of, and give information about, events which might constitute a public health emergency of international concern.

Note 2:   This subsection constitutes an authorisation for the purposes of other laws, such as paragraph   6.2(b) of Australian Privacy Principle   6.

Note 3:   If the Minister discloses personal information to another country, the Minister must also give a notice specifying the purposes for which the information may be used: see section   27.

Use by other persons

  (5)   The Minister may, in writing, authorise a person:

  (a)   to make a record of or use protected information for a permissible purpose that is specified in the authorisation; or

  (b)   to disclose protected information to a specified person, or to a specified class of persons, for a permissible purpose that is specified in the authorisation.

  (6)   A person who is authorised to make a record of, or disclose or otherwise use, protected information under subsection   (5) may make a record of, or disclose or otherwise use, the information in accordance with the authorisation.

Note:   This subsection constitutes an authorisation for the purposes of other laws, such as paragraph   6.2(b) of Australian Privacy Principle   6.

Use under this section not an offence under other laws

  (7)   A person does not commit an offence, and is not liable to any penalty, under the provisions of any other enactment of the Commonwealth, or an enactment of a State or a Territory, as a result of the person making a record of, or disclosing or using, information in accordance with subsection   (1), (2), (4) or (6).

Use under this section does not result in liability for civil proceedings

  (8)   A person is not liable to civil proceedings for loss, damage or injury of any kind suffered by another person as a result of the person making a record of, or disclosing or using, information in accordance with subsection   (1), (2), (4) or (6).

Use under this section does not contravene medical standards

  (9)   A person does not contravene medical standards, or any other relevant professional standards, as a result of the person making a record of, or disclosing or using, information in accordance with subsection   (1), (2), (4) or (6).