Public Health Act 2010 (NSW) #
Section 56 of the Public Health Act 2010 (NSW) states a medical practitioner must not include the patient’s name or address when notifying the Secretary of the Ministry of Health of an HIV-positive test result. Otherwise, a person who, in the course of providing a service, acquires information that another person may be, or is, HIV-positive, must take all reasonable steps to prevent disclosure of the information. There are exemptions to these requirements, which include:
- when the person consents to disclosure
- when the disclosure is to a person who is involved in the provision of care, treatment or counselling to the person concerned
- when a person notifying the Ministry of Health has reasonable grounds to suspect that failure to disclose the information would be likely to be a risk to public health
- in connection with administration of the Public Health Act 2010 (NSW) and accompanying regulations
- for the purposes of legal proceedings arising from the Public Health Act 2010 (NSW) and accompanying regulations, including reporting those proceedings
- in accordance with requirements of the Ombudsman Act 1974 (NSW)
- in accordance with the Mandatory Disease Testing Act 2021 (NSW)
- in circumstances prescribed by the Public Health Regulations 2022 (NSW).
Section 58 states that the secretary may apply to the District Court of New South Wales for an order requiring a medical practitioner to disclose the name and address of a person who would otherwise be protected from disclosure. The application may be made only if the secretary has reasonable grounds to believe that the person has HIV, and identification of the person is necessary to safeguard the public health. Such cases are to be heard in private.
Privacy and Personal Information Protection Act 1998 (NSW) #
Under the Information Protection Principles (IPPs) contained in the Privacy and Personal Information Protection Act (1998) (NSW), New South Wales public sector agencies may only disclose personal information in limited circumstances: where the individual has consented to it, if the disclosure is for a directly related purpose and it can be reasonably assumed that the individual would not object, if the individual has been made aware that information of that kind is usually disclosed, or if disclosure is necessary to prevent a serious and imminent threat to any person’s health or safety.
Health Administration Act 1982 (NSW) #
Section 22 states that a person is guilty of an offence if they disclose any information obtained in connection with the administration or execution of the Act (or any other Act conferring or imposing responsibilities or functions on the Minister, Ministry of Health, secretary of the Ministry of Health, corporation or foundation). There are limited exemptions, which include when the person consents to disclosure and when disclosure is in connection with another law or legal proceedings, or there is some other lawful excuse. Section 23(3) prohibits disclosure of HIV-related information identified during research unless an individual or the health Minister approves such disclosure. Disclosure of such information relevant to proceedings may be compelled by an appropriate authority (s. 23(4)).