11.15 Privacy and Confidentiality in South Australia
11.15.1 South Australian Public Health Act 2011 (SA)
Section 99 (opens in a new window) states that if, in the course of official duties, a person obtains personal information relating to another, the person must not intentionally disclose that information without consent, except in a range of specific circumstances including:
- carrying out official duties
- if required by law or a court
- if reasonably required for administration of a hospital or ambulance service
- disclosure to a relative, carer or friend, or to a health or other service provider, if reasonably required for treatment, care or recovery of the person
- to prevent the transmission of HIV (or another controlled notifiable condition) or to lessen a serious threat to the life, health or safety of a person.
For a full list of broad confidentiality restrictions, see ss 99 (opens in a new window) and 100 (opens in a new window).
Sections 82 (opens in a new window) (6) and (7) set out additional restrictions on the use of information gained as a result of, or in connection with, an advisory panel for managing behaviours that present a risk of HIV transmission.
In specific circumstances, the chief public health officer may require a person to provide information reasonably required for the purpose of the South Australian Public Health Act 2011 (SA) under s 49 (opens in a new window).
For a full list of broad confidentiality restrictions, see ss 99 (opens in a new window) and 100 (opens in a new window).
Sections 82 (opens in a new window) (6) and (7) set out additional restrictions on the use of information gained as a result of, or in connection with, an advisory panel for managing behaviours that present a risk of HIV transmission.
In specific circumstances, the chief public health officer may require a person to provide information reasonably required for the purpose of the South Australian Public Health Act 2011 (SA) under s 49 (opens in a new window).