Public Health and Wellbeing Act 2008 (Vic) #
The Public Health and Wellbeing Act 2008 (Vic) contains no HIV-specific laws regarding privacy or confidentiality in general clinical practice; however, s 55 states that a person may disclose information to the secretary, the chief health officer or an authorised officer of the department if the person reasonably believes that the disclosure is necessary to assist the secretary, the chief health officer or the authorised officer to exercise a power, or perform a duty or function, under the Act or the regulations.
Section 133 states that when evidence is proposed to be given on any matter relating to a prescribed disease (which, pursuant to the relevant regulations, presently includes HIV and hepatitis C), a court or tribunal may:
- order whole or part of the proceedings be closed
- decide only specified persons are able to attend
- prohibit publication of whole or any part of the proceedings, if deemed necessary because of the social or economic consequences to a person if the information is disclosed.
Victorian Health Privacy Principles #
The Victorian Health Privacy Principles contained in the Health Records Act 2001 (Vic) apply to both public and private organisations that hold health information. The Victorian Health Privacy Principles state that health information can only be used or disclosed for the primary purpose of its collection or a directly related secondary purpose that the individual would reasonably expect (principle 2). Health information can only be used or disclosed for a non-related purpose in some circumstances, such as where the use or disclosure is for the purpose of the funding, management, planning, monitoring, improvement or evaluation of health services.
Health Services Act 1988 (Vic) #
Section 141 of the Health Services Act 1988 (Vic) states generally that a relevant person must not directly or indirectly give to any other person any information acquired through their employment (which is broadly defined in the context of healthcare provision) if another person could be identified by that information.
The Act provides a long list of exceptions. Those of greatest relevance to the clinical management of HIV include disclosure:
- with the express consent of the person
- permitted or required by law
- in relation to criminal court proceedings
- in the public interest (defined by the Minister)
- in relation to the provision of health care where the information is
- required for the further treatment of a patient
- communicated in general terms
- communicated by a member of the medical staff to next of kin or a near relative of the patient in accordance with the recognised customs of medical practice
- provided to the Australian Red Cross Society for the purpose of tracing blood or blood products.
