The complainant was a psychiatric patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992 ('the Mental Health Act'). He complained that health information about him, in the form of a neuropsychological report, had been disclosed by the agency to three organisations and that these actions amounted to an interference with his privacy.

I considered the complaint in terms of the Health Information Privacy Code, rule 11.

Disclosure 1 - The Land Transport Safety Authority

A doctor involved in the complainant's care disclosed the report to the Land Transport Safety Authority in support of the revocation of the complainant's driver's licence. Section 45A of the Transport (Vehicle and Driver Registration and Licensing) Act 1986 ('the Transport Act') states that where a registered medical practitioner considers that the mental health or physical condition of a licence holder is such that, in the interests of public safety, that person should not be permitted to drive, the medical practitioner must give written notice of this to the Director of Land Transport Safety Authority, including a statement of the grounds on which this conclusion was reached.

Section 45A(2) of the Transport Act protects any registered medical practitioner who provides information to the appropriate authority against a complaint alleging a breach of the Privacy Act.

Section 7 of the Privacy Act saves the effect of other enactments which authorise or require personal information to be made available.

Due to the operation of section 45A of the Transport Act and section 7 of the Privacy Act, I considered that there was no breach of rule 11.

Disclosure 2 - The Public Trust Office

Another doctor involved in the treatment of the complainant disclosed the report to the Public Trustee. I was advised that the disclosure was included in an application to the Court for an order to be made under the Protection of Personal and Property Rights Act 1988 ('the PPPR Act').

Section 7 of the PPPR Act states that a medical practitioner may apply to the Court for the exercise of its jurisdiction. The Court may then appoint a manager to administer the property of the individual in respect of whom an application is made under section 11 of the PPPR Act. The Public Trustee was the appointed manager. Under section 63 of the PPPR Act, a copy of the application must be provided to the appointed manager of the property.

As disclosure of the application (which included health information) was required by the PPPR Act, section 7 of the Privacy Act 1993 applied and there was no breach of rule 11.

Disclosure 3 - The District Court

A third doctor involved in the complainant's care disclosed the report to the District Court. This was in support of an application to extend a compulsory treatment order under section 29 of the Mental Health Act.

Under section 8 of the Mental Health Act, an application for a compulsory treatment order must be made in writing and include a statement of the grounds on which the applicant believes the patient to be mentally disordered. A record of the clinician's findings must be presented to the Court under section 14 of the Mental Health Act.

As the disclosure of the report was required by the Mental Health Act, section 7 of the Privacy Act applied. There was no breach of rule 11.

Indexing terms: Disclosure of health information - Health agency - Disclosure of report to three different agencies - Disclosure required by statute - Transport (Vehicle and Driver Registrations and Licensing) Act 1986, s45A - Privacy Act 1993, s7- Health Information Privacy Code 1994, rule 11

June 2001