Division 3 Notification and treatment of Category 1, 2 and 3 conditions and other conditions

54   Medical practitioner to notify Director-General of Category 1 and 2 conditions

(cf 1991 Act, ss 14 and 15)

(1)  This section applies if a registered medical practitioner:

(a)  attends a person in connection with a Category 1 condition, or

(b)  while attending a person in connection with any medical condition, reasonably suspects that the person has a Category 2 condition, or

(c)  as a result of conducting a post-mortem examination, reasonably suspects that a person’s cause of death involves a Category 1 or 2 condition.

(2)  In these circumstances, the registered medical practitioner must, as soon as practicable:

(a)  record such particulars concerning the person’s medical condition as may be prescribed by the regulations, and

(b)  send to the Director-General a certificate, in the approved form, of the particulars so recorded.

(3)  The registered medical practitioner:

(a)  must keep any such particulars for the period prescribed by the regulations, and

(b)  subject to section 56, must provide the Director-General with such further information concerning the person’s medical condition and transmission and risk factors as is available to the medical practitioner and as the Director-General may request.

(4)  A registered medical practitioner who attends a person as a patient at a hospital is not required to comply with this section if:

(a)  the Category 1 or 2 condition concerned is a notifiable disease, and

(b)  the medical practitioner believes on reasonable grounds that the Director-General has been notified of the disease in accordance with Division 2 of Part 5.

(5)  A registered medical practitioner must not, without reasonable excuse, fail to comply with the requirements of this section.

Maximum penalty: 50 penalty units.

(6)  It is a defence to proceedings for an offence under this section if the defendant satisfies the court:

(a)  that the record alleged not to have been made or kept, or

(b)  that the certificate alleged not to have been sent,

      had been made, kept or sent by another registered medical practitioner.

(7)  This section applies to a person engaged in an occupation prescribed by the regulations in the same way as it applies to a registered medical practitioner.

55   Pathology laboratories to notify Director-General of Category 3 conditions

(cf 1991 Act, s 16)

(1)  This section applies if:

(a)  a pathology test is carried out at the request of a registered medical practitioner (the requesting practitioner) for the purpose of determining whether a person has a Category 3 condition, and

(b)  the test has a positive result.

(2)  In these circumstances, the person who certifies the test results (the certifier) must send to the Director-General a report, in the approved form, as to those results as soon as practicable.

Maximum penalty: 50 penalty units.

(3)  If the certifier so requests, the requesting practitioner must provide the certifier, within 72 hours after the request is made, with sufficient information to enable the report to be completed.

Maximum penalty: 50 penalty units.

(4)  On receiving a report that appears to be incomplete or incorrect, the Director-General may ask any medical practitioner involved in the treatment of the person concerned to provide:

(a)  such information as is necessary to complete or correct the report, and

(b)  such other information concerning the person’s medical condition and transmission and risk factors as is available to the medical practitioner.

(5)  A medical practitioner who is asked to provide such information is authorised to do so, subject to section 56 but despite any other Act or law.

56   Protection of patient’s identity

(cf 1991 Act, s 17)

(1)  A registered medical practitioner must not include a patient’s name or address:

(a)  in a certificate under section 54, if the condition to which the certificate relates is a Category 5 condition, or

(b)  in a written or oral communication made by the medical practitioner for the purpose of arranging a test to determine whether the patient has a Category 5 condition.

(2)  Subsection (1) (b) does not apply if the patient concerned:

(a)  is receiving hospital services or other health services, within the meaning of the Health Services Act 1997, provided by a hospital, or

(b)  consents to the disclosure of his or her name and address in the relevant communication.

(3)  A person who, in the course of providing a service, including the conduct of a pathology test under section 55, acquires information that another person (the person concerned):

(a)  has been, is to be or is required to be tested for a Category 5 condition, or

(b)  is, or has had, a Category 5 condition,

      must take all reasonable steps to prevent that information from being disclosed to any other person.

(4)  Subsection (3) does not apply to the disclosure of such information:

(a)  with the consent of the person concerned, or

(b)  to a person who is involved in the provision of care, treatment or counselling to the person concerned so long as the information is relevant to the provision of such care, treatment or counselling, or

(c)  to the Director-General, if a person has reasonable grounds to suspect that failure to disclose the information would be likely to be a risk to public health, or

(d)  in connection with the administration of this Act or the regulations, or

(e)  for the purposes of any legal proceedings arising out of this Act or the regulations, or of any report of any such proceedings, or

(f)  in accordance with a requirement imposed under the Ombudsman Act 1974, or

(g)  in the circumstances prescribed by the regulations.

(5)  A registered medical practitioner or other person must not, without reasonable excuse, fail to comply with the requirements of this section.

Maximum penalty: 100 penalty units or imprisonment for 6 months, or both.

57   Notification of other conditions

(1)  A registered medical practitioner or a person who provides a pathology service who is of the opinion that a patient is suffering from a medical condition or disease that may pose a significant risk to public health may notify the Director-General in writing in the approved form of particulars of the person and the condition or disease.

(2)  On receiving a notification under this section, the Director-General may ask the medical practitioner or person to provide further information as to the patient’s condition and risk factors.

(3)  A medical practitioner or person may provide information under this section despite any other Act or law.

(4)  This section does not apply to a medical condition or disease for which notification is otherwise provided under this Act.

58   District Court may authorise disclosure of name and address

(1)  The Director-General may apply to the District Court, in accordance with the rules of the District Court, for an order authorising the service on a medical practitioner of a notice requiring disclosure of a name and address that would otherwise be protected by this Division from disclosure.

(2)  An application under this section may be made in relation to a medical practitioner only if the Director-General has reasonable grounds for believing that:

(a)  the person whose name and address are sought is suffering from a Category 5 condition, and

(b)  identification of the person is necessary in order to safeguard the health of the public.

(3)  An application to the District Court under this section is to be heard and determined in the absence of the public but is to be otherwise heard and determined in accordance with the rules of the District Court.

(4)  The District Court:

(a)  is to make an order applied for under this section if satisfied that there are reasonable grounds for making the order, or

(b)  is to dismiss the application if not so satisfied.

59   Proceedings for offences

(cf 1991 Act, s 37)

Proceedings for an offence under this Division are to be heard and determined in the absence of the public.