(b) has been made by or on behalf of a health professional in
connection with the care of that individual.
Information provided to Commission
Disclosure of information
84. The provisions of an enactment or a rule of law which prohibit or restrict
the disclosure of information do not apply to a case where a person furnishes the
Commission with information necessary for the performance of the functions of
the Commission under this Act.
Confidentiality of information
85. (1) The Commission, an employee or an agent of the Commission
shall not disclose information
(a) obtained by the Commission under or for the purposes of this
Act,
(b) furnished to the Commission under or for the purposes of this
Act,
(c) which relates to an identifiable individual, and
(d) which is not at the time of the disclosure and has not previously
been available to the public from other sources
unless the disclosure is made with lawful authority.
(2) A disclosure is made with lawful authority where the disclosure
(a) is made with the consent of the individual or the person for the
time being carrying on the business,
(b) was made for the purpose of its being made available to the public
under the provisions of this Act,
(c) is made for the purposes of, and is necessary for, the
performance of a function under this Act,
(d) is made for the purposes of any civil or criminal proceedings, which
arise under or by virtue of this Act or otherwise, or
(e) having regard to the rights, freedoms or legitimate interests of a
person,
the disclosure is necessary in the public interest.
(3) A person who knowingly or recklessly discloses information in
contravention of subsection (1) commits an offence and is liable on summary
conviction to a fine of not more than two thousand five hundred penalty units
or to a term of imprisonment of not more than five years or to both.
Miscellaneous and general provisions
General duties of the Commission
86. (1) The Commission shall provide guidelines and promote the