PRIVACY & CONFIDENTIALITY
Quality Care You Can Trust
SpineCare Associates adheres to the following, according to the Law;
Section 56 of the NSW Public Health Act 2010 states a medical practitioner must not state the name or address of a patient notifying the Department 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, which include:
when the person consents to disclosure
when the disclosure is to a person who is involved in the provision of provide care, treatment or counselling to the person concerned
when a person has reasonable grounds to suspect that failure to disclose the information would be likely to be a risk to public health, identifying information may be disclosed to the Secretary of the Ministry of Health
in connection with administration of the Public Health Act and accompanying regulations
for the purposes of legal proceedings arising from the Public Health Act and accompanying regulations, including reporting those proceedings
in accordance with requirements of the Ombudsman Act 1974
in circumstances prescribed by the Public Health Regulations.
Section 58 states that the Secretary may apply to the District Court for an order requiring a medical practitioner to disclose the name and address of a person that 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 health of the public. Such cases are to be heard in the absence of the public.
A medical practitioner or other person who, without reasonable excuse, fails to comply is guilty of an offence.
NSW Privacy and Personal Information Act (1998)
Under the Information Protection Principles contained in the NSW Privacy and Personal Information Act (1998), which covers NSW public-sector agencies that hold personal information, can only disclose personal information in limited circumstances where the individual has consented to it. An agency can also disclose your information if it is for a directly related purpose and it can be reasonably assumed that the individual would not object; if they have 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
Section 22 states that if a person discloses any information obtained in connection with the administration or execution of this Act (or any other Act conferring or imposing responsibilities or functions on the Minister, Ministry, Health Secretary, Corporation or Foundation) the person is guilty of an offence. There are limited exemptions, which include when the person consents to disclosure and when disclosure is in connection with another law or legal proceedings which may arise, or there is some other lawful excuse. Section 23 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 the Governor.