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Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2021-02-04 Daily Xml
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COVID-19 Contact Tracing

In reply to the Hon. K.J. MAHER (Leader of the Opposition) (3 December 2020).

The Hon. S.G. WADE (Minister for Health and Wellbeing): I have been advised:

1. Subsection 99(4) of the South Australian Public Health Act 2011and subsection 99(6) of the Health Care Act 2008 provide a definition for the term 'personal information'.

The word 'confidentiality' is not defined in either the South Australian Public Health Act 2011 or the Health Care Act 2008, however both acts use the word 'confidentiality' as the title for the above mentioned offence provisions.

It is a general principle of statutory interpretation that where a word is not defined in legislation, its ordinary meaning is to be applied.

2. Under the COVID-19 Emergency Response Act 2020, which temporarily modifies subsection 99(2) of the South Australian Public Heatlh Act 2011, a person will not commit an offence if disclosing information in accordance with an authorisation of the Chief Public Health Officer.

In determining whether it is appropriate to exercise the power to authorise a disclosure under this provision, the Chief Public Health Officer should give consideration to the principles of the South Australian Public Health Act 2011, the Premier and Cabinet Circular (PC 012) Information Privacy Principles Instruction and any other relevant public interest matters.

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