The Law Handbook 2024

Chapter 8.4: Mental illness 847 2. Disclosure to facilitate service provision Health information may be disclosed without consent if: • reasonably required by another mental health and wellbeing service provider or a health service provider to provide health services to the person; • made to a psychiatrist giving a second psychiatric opinion. Such disclosure includes providing access to a consumer’s clinical records or discussing a consumer’s treatment with the psychiatrist giving the second psychiatric opinion (s 730). 3. Disclosures to parents, families, carers, supporters and others Health information can be disclosed to people associated with a consumer without the consumer’s consent in certain circumstances including: • in general terms to family, a carer or supporter of a consumer as long as the disclosure is not contrary to the views and preferences expressed by the consumer (s 730(2)(f)); • to a parent if the consumer is under 16 years of age or the Secretary of the DFFH with parental responsibility of the child under a relevant child protection order (s 730(2)(h-i)); • to a guardian of the person if the disclosure is reasonably required in connection with the performance of a duty or the exercise of a power by the guardian (s 730(2)(n)); • to a support person (within the meaning of the Medical Treatment Planning and Decisions Act 2016) of the person to whom the health information relates (s 730(2)(p)). 4. Disclosure to lessen or prevent a serious threat Health information may be disclosed where it is reasonably necessary to lessen or prevent a serious threat to a person’s life, health, safety or welfare, or a serious threat to public health, public safety or public welfare (s 730(2)(c)(ii)). Any such disclosure must be in accordance with any guidelines issued by the Health Complaints Commissioner under the Health Records Act 2001 (Vic) (‘ HR Act’ ) (s 730(2)(f)(i)). 5. Emergency Service providers Health information may be shared with Ambulance Victoria where it is for the purposes of the provision of an emergency service or performing a function under the MHWA (s 734). 6. Disclosure permitted/required under law Health information may be disclosed without consent (s 730) if the disclosure is: • reasonably necessary for a mental health and wellbeing service provider to perform functions or exercise powers under the MHWA or any other Act; • permitted by any Act other than the HR Act. • permitted by and is in accordance with certain Health Privacy Principles (HPP) established under the HR Act: – HPP 2.1 which permits the disclosure of information for the primary purpose for which the information was collected; – HPP 2.2 (a) which permits disclosure of information for a secondary purpose if the secondary purpose is directly related to the primary purpose and the consumer would reasonably expect the service to disclose the information for the secondary purpose; – HPP 2.5 which permits the disclosure of information, to the extent reasonably necessary for specified purposes, if a consumer is suspected to be or is dead, is suspected to be missing or is missing or is involved in an accident or other misadventure and is incapable of consenting to the disclosure; – HPP 2.2 (f) which relates to the funding, management etc. of the health services, HPP 2.2 (g) which relates to research in the public interest and HPP 2.2 (k) which relates to the establishment of a legal defence. 7. Other Certain health information of a person receiving mental health and wellbeing services may also be shared with the: • Chief Psychiatrist (including if the person has died and the death is a reportable death) (s 741) • Justice Secretary, Health Secretary and the Chief Commissioner of Police following the death of