Health Services (Information) Regulations 2017 (WA)

Western Australia Health Services Act 2016 Health Services (Information) Regulations 2017 Western Australia Health Services (Information) Regulations 2017 Contents 1. Citation 1 2. Commencement 1 3. Disclosure of information by Department CEO (s. 216) 1 4. Disclosure of information by health service provider (s. 217) 2 5. Circumstances in which collection, use or disclosure of information is authorised (s. 220) 2 6. Conditions on disclosure of information under Part 17 of Act 4 Notes Compilation table 6 Health Services Act 2016 Health Services (Information) Regulations 2017

1. Citation These regulations are the Health Services (Information) Regulations 2017.

2. Commencement These regulations come into operation as follows — (a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette; (b) the rest of the regulations — on the day after that day.

3. Disclosure of information by Department CEO (s. 216) (1) In this regulation — HREC means a human research ethics committee constituted in accordance with, and acting in compliance with, the National Statement on Ethical Conduct in Human Research, as in force from time to time, issued under the National Health and Medical Research Council Act 1992 (Commonwealth) section 7(1)(a). (2) The Department CEO must not disclose health information under section 216 unless — (a) the individual to whom the information relates consents to the disclosure; or (b) the Department CEO is satisfied that — (i) disclosure of the information is reasonably necessary for the purpose for which it is to be disclosed; and (ii) the purpose for which the information is to be disclosed cannot be achieved by providing information that is not personal information; and (iii) it is impracticable to obtain the consent of the individual to whom the information relates. (3) In addition to the requirements of subregulation (2), the Department CEO must not disclose health information under section 216 for the purpose of health related research unless the research has been approved by an HREC. [Regulation 3 amended: Gazette 10 Aug 2018 p. 2863 (disallowed: Gazette 6 Nov 2018 p. 4406).]