§ 33 — Offence and immunity relating to disclosure

33.—(1) Subject to subsections (2), (3) and (4), a person who, knowing that any information about any other person was provided or obtained under any provision of section 31 or 32, accesses, uses or discloses the information, without the consent of that other person, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.(2) No person or organisation shall be guilty of an offence under any written law or of any breach of confidence, shall incur any civil liability or shall be liable to any disciplinary action by a professional body, by virtue merely of doing any of the following in good faith and with reasonable care:(a)

complying with a request under section 31(1) or a direction under section 32(1)(a);

(b)

providing or disclosing information in accordance with any provision of section 31 or 32;

(c)

accessing or using information provided or obtained under any provision of section 31 or 32 in accordance with the requirements of such provision and any terms and conditions imposed under section 34(1);

(d)

with the approval of the Minister —(i)

disclosing any information obtained under section 31 or 32 to the Council for the exercise of the Council’s functions and powers under this Act; or

(ii)

where the organisation is the Council, using that information to exercise its functions and powers under this Act.

(3) Sections 31 and 32 and subsection (2) apply despite any obligations as to confidentiality under the common law regarding medical or healthcare information.

(4) Sections 31 and 32 do not affect the exercise of any right or authority under any other written law or rule of law to access, use or disclose confidential information.

—(1) Subject to subsections (2), (3) and (4), a person who, knowing that any information about any other person was provided or obtained under any provision of section 31 or 32, accesses, uses or discloses the information, without the consent of that other person, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.

(2) No person or organisation shall be guilty of an offence under any written law or of any breach of confidence, shall incur any civil liability or shall be liable to any disciplinary action by a professional body, by virtue merely of doing any of the following in good faith and with reasonable care:(a)

complying with a request under section 31(1) or a direction under section 32(1)(a);

(b)

providing or disclosing information in accordance with any provision of section 31 or 32;

(c)

accessing or using information provided or obtained under any provision of section 31 or 32 in accordance with the requirements of such provision and any terms and conditions imposed under section 34(1);

(d)

with the approval of the Minister —(i)

disclosing any information obtained under section 31 or 32 to the Council for the exercise of the Council’s functions and powers under this Act; or

(ii)

where the organisation is the Council, using that information to exercise its functions and powers under this Act.

(3) Sections 31 and 32 and subsection (2) apply despite any obligations as to confidentiality under the common law regarding medical or healthcare information.

(4) Sections 31 and 32 do not affect the exercise of any right or authority under any other written law or rule of law to access, use or disclose confidential information.