Health Administration Act 1982 No 135
Current version for 3 January 2014 to date (accessed 27 November 2014 at 08:22)
Part 3

Part 3 Miscellaneous

22   Disclosure of information

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, Department, Director-General, Corporation or Foundation and the disclosure is not made:
(a)  with the consent of the person from whom the information was obtained,
(b)  in connection with the administration or execution of this Act or any such other Act,
(c)  for the purposes of any legal proceedings arising out of this Act or any such other Act or of any report of any such proceedings,
(d)  with other lawful excuse, or
(e)  in any other prescribed circumstances,
that person is guilty of an offence against this Act and, on conviction by a court of summary jurisdiction, liable to a penalty not exceeding 10 penalty units or to imprisonment for a term not exceeding 6 months.

23   Specially privileged information

(1)  The Minister may, by order published in the Gazette, authorise any specified person or body, including a council, committee or advisory body appointed under section 20 (1) or (4), to conduct research or conduct investigations into morbidity or mortality occurring within New South Wales.
(2)  An authorisation under this section may be of general application or be limited by reference to specified factors or exceptions.
(3)  If a person discloses any information obtained in connection with the conduct of research or investigations in accordance with an authorisation under this section (whether or not the authorisation is still in force at the time of the disclosure) and the disclosure is not made:
(a)  with the consent of the person from whom the information was obtained, or
(b)  with the approval of the Minister,
that person is guilty of an offence against this Act and, on conviction by a court of summary jurisdiction, liable to a penalty not exceeding 10 penalty units or to imprisonment for a term not exceeding 6 months.
(4)  Notwithstanding anything in subsection (3), a person who has obtained any information in connection with the conduct of research or investigations in accordance with an authorisation under this section is neither competent nor compellable in any proceedings to answer any question, or to produce any documents, relating to any such information (whether or not the authorisation is still in force at the time of the proceedings), except with the approval of the Governor.
(5)  Notwithstanding anything in subsection (3), a direction under section 53 (1) of the Coroners Act 2009, in relation to a person who died or may have died as referred to in paragraph (e) of the definition of reportable death in section 6 (1) of that Act, does not require the production of a document or writing containing information obtained in connection with the conduct of research or investigations in accordance with an authorisation under this section (whether or not the authorisation is still in force at the time the order is served), where the information was obtained from a person who administered or was involved in the administration of the anaesthetic concerned.
(6)  Without limiting the operation of this section, this section has effect notwithstanding anything in the Coroners Act 2009.
(7)  An authorisation may be given under this section so as to operate retrospectively, but not so as thereby to affect a disclosure already made.

24   Proceedings for offences

Proceedings for an offence against this Act may be taken only before the Local Court.

25   Protection from liability

No matter or thing done in good faith for the purposes of executing this Act or any other Act conferring or imposing functions on the Minister, Department, Director-General, Corporation or Foundation shall subject any person personally to any action, liability, claim or demand.

26   Service of documents

Any notice, summons, writ or other proceeding required to be served on the Director-General, Corporation or Foundation may be served by being left at an office of the Department, or, in the case of a notice, by posting it addressed to the Director-General, Corporation or Foundation, as the case may be, at an office of the Department.

27   Authentication of certain documents

Every summons, process, demand, order, notice, statement, direction or document requiring authentication by the Corporation or Foundation may be sufficiently authenticated without the seal of the Corporation or Foundation if signed by a person authorised to do so by the Corporation or Foundation.

28   Annual report

(1)  As soon as practicable after 30 June, but not later than 31 December, in each year, the Director-General shall prepare and furnish to the Minister a report of the work and activities of the Department, Corporation and Foundation for the year ending on 30 June in that year.
(2)  The Minister shall lay the report, or cause it to be laid, before both Houses of Parliament as soon as practicable after the receipt by the Minister of the report.
(3)  A report under subsection (1) may include any report required to be made annually in respect of the Department, Corporation or Foundation under any other Act.
(4)  In so far as a report under subsection (1) includes any matter that relates to a period in respect of which a report is so required to be made under any other Act, the provision of that other Act which requires the report to be made in respect of that period has no operation.

29   Statute law revision (sec 6)

(1)  On a day to be appointed by the Governor for the purposes of this section and notified by proclamation published in the Gazette, section 6 is repealed.
(2)  A day shall not be appointed for the purposes of subsection (1) that is earlier than a day on which the Department established by section 6 is abolished, or its name is changed, under section 49 of the Constitution Act 1902.
(3)  The repeal of section 6 by subsection (1) does not itself affect the existence of the Department established by section 6, but nothing in this subsection affects the powers conferred by section 49 of the Constitution Act 1902.

30   Repeal of Health Commission Act 1972, and amendments

Each Act specified in Column 1 of Schedule 1 is, to the extent specified opposite that Act in Column 2 of that Schedule, repealed.

31   Abolition of Commission

The Commission is abolished.

32   Savings, transitional and other provisions

Schedule 2 has effect.

33   Transfer of health employees

Schedule 3 has effect.

34   Regulations

The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Top of page