Infectious Diseases Act · 2023 Revised Edition · Part · Control of Aids and Hiv Infection
Section 26
Official textFrom Attorney General's Chambers, unchanged
Any person who, in the performance or exercise of his functions or duties under this Act, is aware or has reasonable grounds for believing that another person has AIDS or HIV Infection or is suffering from a sexually transmitted disease or is a carrier of that disease shall not disclose any information which may identify the other person except —
with the consent of the other person;
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;
to any medical practitioner or other health staff who is treating or caring for the other person;
to any blood, organ, semen or breast milk bank that has received or will receive any blood, organ, semen or breast milk from the other person;
Infectious Diseases
for statistical reports and epidemiological purposes if the information is used in such a way that the identity of the other person is not made known;
to the victim of a sexual assault by the other person;
to the Controller of Immigration for the purposes of the
Immigration Act (Chapter 17);
to the next-of-kin of the other person upon the death of such person;
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 given; or
when authorised by the Minister to publish such information for the purposes of public health or public safety.
Any person who contravenes or fails to comply with subsection (1) is guilty of an offence and liable on conviction to a fine not exceeding $2,000, imprisonment for a term not exceeding 3 months or both.
For the purposes of subsection (1)(a), the consent of the other person includes —
if that person has died, the written consent of that person’s spouse, personal representative, administrator or executor;
if that person is below the age of 16 years, the written consent of a parent or legal guardian of that person; and
if, in the opinion of the medical practitioner who undertook the test for HIV Infection for that person, he has a disability by reason of which he appears incapable of giving consent, the written consent in the following order, of —
a legal guardian of that person;
the spouse of that person;
a parent of that person; or
an adult child of that person.
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The Director-General may disclose any information relating to any person whom he reasonably believes to be infected with AIDS or HIV
Director-General
“Director-General” means the Director-General of Health Services;
Infection to —
any medical practitioner or other health staff who has been exposed to a risk of infection from AIDS or HIV Infection; or
any first responder who has experienced a significant exposure to blood or other potentially infectious materials of any patient.
For the purpose of subsection (4), “first respondent” means any police officer or any person who provides emergency response, first aid care or other medically related assistance either in the course of the person’s occupational duties or as a volunteer.
Subject to subsection (7), a medical practitioner may disclose information relating to any person whom he reasonably believes to be infected with AIDS or HIV Infection to the spouse, former spouse or other contact of the infected person or to any health officer for the purpose of making the disclosure to the spouse, former spouse or other contact.
medical practitioner
“medical practitioner” means a medical practitioner registered or exempted from registration under the Medical Practitioners and Dentists Act;
The medical practitioner shall not disclose any information under subsection (6) unless —
he reasonably believes that it is medically appropriate and that there is a significant risk of infection to the spouse, former spouse or other contact;
he has counselled the infected person regarding the need to notify the spouse, former spouse or other contact and he reasonably believes that the infected person will not inform the spouse, former spouse or other contact; and
he has informed the infected person of his intent to make such disclosure to the spouse, former spouse or other contact.
Where the medical practitioner is unable, by any reasonable means, to counsel or inform the infected person, he may apply to the
Director-General to waive the requirements of subsection (7)(b) or (c) or both.
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The Director-General may approve the application made under subsection (8) if, in the opinion of the Director-General, it is medically appropriate to disclose the information and that there is a significant risk of infection to the spouse, former spouse or other contact.
contact
“contact”, in relation to any infectious disease, means any person who has been exposed to the risk of infection from that disease;
No person, to whom any information relating to a person who is reasonably believed to be infected with AIDS or HIV Infection has been disclosed under this section, shall disclose such information to any person other than the persons specified in subsection (11) or as provided in subsection (13).
The persons referred to in subsection (10) are —
the infected person himself;
a person who is authorised under subsection (1)(a) to consent to such disclosure; and
any person who is authorised to disclose such information under subsection (1), (4), (6) or (9).
Any person who fails to comply with or contravenes subsection (10) is guilty of an offence and liable on conviction to a fine not exceeding $10,000, imprisonment for a term not exceeding 3 months or both.
A person, to whom any information relating to a person who is reasonably believed to be infected with AIDS or HIV Infection has been disclosed under this section, may apply to the Director-General for approval to disclose such information to any person or class of persons.
The Director-General may approve the application under subsection (13) if he is satisfied that such disclosure is in the interests of public health or public safety.
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Terms defined in s 2
carrier
Defined · s 2“carrier”, in relation to any infectious disease, means any person who is harbouring, or is likely to or is suspected to harbour, the agents of that disease;
contact
Defined · s 2“contact”, in relation to any infectious disease, means any person who has been exposed to the risk of infection from that disease;
Director-General
Defined · s 2“Director-General” means the Director-General of Health Services;
health officer
Defined · s 2“health officer” means any person who is authorised by the Director-General to carry into effect any provisions of this Act or the regulations made thereunder, and includes any person appointed as a health officer or a port health officer under the repealed Quarantine and Prevention of Disease Act;
medical practitioner
Defined · s 2“medical practitioner” means a medical practitioner registered or exempted from registration under the Medical Practitioners and Dentists Act;
Part
Prevention of Introduction of Infectious Diseases Into Brunei Darussalam
Part
Vaccination
Part