The importance of section 63 of the Health Service Act 1991 (QLD) is apparent. That section imposes limitations on disclosure of personal information by public sector agencies that override the NPPs in Information Standard 42A:
63 Confi dentiality
(1) An offi cer, employee or agent of the department must not give to any other person, whether directly or indirectly, any information acquired by reason of being such an offi cer, employee or agent if a person who is receiving or has received a public sector health service could be identifi ed from that information.
Maximum penalty – 50 penalty units. (2) Subsection (1) does not apply-
(a) to the giving of any information that an offi cer, employee or agent is expressly authorised or permitted to give under this or any other Act or that is required by operation of law; or
(b) to the giving of information with the prior consent of the person to whom it relates or, if the person has died, with the consent of the person’s spouse or, if the spouse is not reasonably available, the senior available next of kin of the person; or
(c) to the giving of information concerning the condition of a person who is a patient in, or is receiving health services from, a public sector health service if the information-
(i) is communicated in general terms by a health professional in accordance with the recognised standards of the relevant medical or other health profession; or
(ii) is communicated by a member of the medical staff of a public sector health service to the next of kin or a near relative, including a spouse, of the patient in accordance with the recognised
standards of medical practice; or
(d) to the giving of information to the Australian Red Cross Society for the purpose of tracing blood, or blood products derived from blood, infected with any disease or the donor or recipient of any such blood; or
(e) to the giving of information required in connection with the further treatment of a patient in accordance with the recognised standards of the relevant medical or other health profession; or
(f) to the giving of information to an offi cial that is relevant to the
performance of the offi cial’s functions stated in the offi cial’s instrument of appointment; or
(g) to the giving of information to the Commonwealth or a State, or an entity of the Commonwealth or a State, by the chief executive if the giving of the information
(i) is determined by the chief executive to be in the public interest; and
(ii) is required to or may be given under an agreement that-
(A) is between Queensland and the Commonwealth, State or entity; and
(B) is prescribed under a regulation for this paragraph; or (ga) to the giving of information to the chief executive to allow the chief
executive to act under paragraph (gb); or
(gb) to the giving of information to another person if the chief executive considers the giving of the information is in the public interest and the information is-
(i) given by the chief executive; or
(ii) given, with the chief executive’s written authority, by an offi cer, employee or agent of the department; or
(h) to the giving of information to another offi cer, employee or agent of the department if-
(i) the other offi cer, employee or agent is authorised in writing by the chief executive to receive the information; and
(ii) the giving and receipt of the information is-
(A) to give effect to or manage a funding arrangement; or (B) to give the information under paragraph (g); or (i) to the giving of information to a board established under a health
practitioner registration Act or the Queensland Nursing Council for the purposes of-
(i) making, or giving information about, a complaint about a person registered under the health practitioner registration Act or the Nursing Act 1992; or
(ii) answering questions or otherwise giving information as part of an investigation or a disciplinary proceeding about a person registered under the health practitioner registration Act or the Nursing Act 1992; or
(j) to the giving of information to a committee declared under section 31(1) to be an approved quality assurance committee, or to a person authorised by the committee to receive the information, to enable the committee to perform its functions.
(3) The Commonwealth, a State or entity that receives information under an agreement under subsection (2)(g)
(a) must not give it to anyone else; and
(b) must ensure the information is used only for the purpose for which it was given under the agreement.
(4) A person who has been an offi cer, employee or agent of the department or a dissolved authority must not give to any other person, directly or indirectly, any information acquired by reason of being such an offi cer, employee or agent which, immediately before that person ceased to be such an offi cer, employee or agent, it was his or her duty not to disclose.
(4A) Subsection (4) does not apply if- (a) the information is given to- (i) the chief executive; or
(ii) another offi cer, employee or agent of the department who is authorised in writing by the chief executive to receive the information; and
(b) the purpose of the giving and receipt of the information is to give the information under subsection (2)(gb).
(4B) In the department’s annual report for a fi nancial year under the Financial Administration and Audit Act 1977, the chief executive must include details of- (a) the nature of any information given, under subsection (2)(gb), during
the fi nancial year; and
(b) the purpose for which the information was given.
(4C) However, the details mentioned in subsection (4B) must not identify, directly or indirectly, the person to whom the information relates.
(5) This section does not apply to offi cials.
(“Health practitioner registration Act” is defi ned to include a range of such legislation. “Offi cials” is defi ned to mean only auditors and investigators appointed under the Act).
The potential impingement on activities promoted by NHMRC is that health
information cannot be disclosed by a Queensland public health sector agency unless it can be done in conformity with this section, as it overrides the NPPs.