Human Biomedical Research Act 2015 · 2020 Revised Edition · Part 6 · Regulation of Human Tissue Activities and Tissue Banks
39. Restrictions on disclosure of information on tissue donor
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No person may disclose any individually‑identifiable information on any donor of human tissue which has come to that person’s knowledge except —
individually‑identifiable
“individually‑identifiable”, in relation to human biological material or health information pertaining to an individual, means that the individual can be identified —(a)from the human biological material or health information; or(b)from that human biological material or health information and other information to which the person, research institution, tissue bank or other organisation has or is likely to have access;
with the consent of the donor or the donor’s legal representative, as the case may be;
when it is necessary to do so in connection with the administration or execution of anything under this Act;
when ordered to do so by a court;
where the information is publicly available;
to any person or class of persons to whom, in the opinion of the Director‑General, it is in the public interest that the information be disclosed;
where any other right of disclosure arises under this Act or any other written law or rule of law; or
in such other circumstances and to such persons as may be prescribed.
No person receiving any individually-identifiable information of a donor may disclose any individually-identifiable information of the donor, if at the time when the person received the information or material, the person knew or had reasonable grounds to believe that it had been communicated or supplied to him or her in contravention of this Act or any other written law or rule of law.
donor
“donor”, in relation to human tissue, means a natural person, whether living or dead, from whose body the human tissue is obtained;
Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.