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Health Act 1956

National Cervical Screening Programme - Screening programme evaluators

112Y: Duties of screening programme evaluators

You could also call this:

"What screening programme evaluators must and must not do with private information"

If you are a screening programme evaluator, you must not use or disclose any evaluation material for a purpose other than performing your functions as a screening programme evaluator. You can disclose evaluation material to people who are helping you perform your functions, but only if they need the material for that purpose. You can also use and disclose evaluation material for certain other purposes, such as referring a concern about a health practitioner to the authority responsible for their registration, or advising the NCSP manager that someone may benefit from follow-up action, and you can use evaluation material to prepare academic papers or articles for publication in accordance with section 112ZA.

You must take measures to safeguard all evaluation material from use or disclosure for unauthorised purposes, and report to the Director-General any cases where evaluation material has been used or disclosed for an unauthorised purpose. You must return all evaluation material to the supplier as soon as it is no longer required, and destroy all copies of that material. You must also take measures to keep all specimens in a secure environment, and return them to the person who supplied them as soon as they are no longer required.

If you are not an employee of the Ministry, you must provide a written report to the Director-General after completing an evaluation of a screening programme, and provide a statutory declaration if requested by the Director-General. You must advise people you disclose evaluation material to of their duties under section 112Z, and you must comply with certain requirements, which are subject to section 112ZE.

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112Z: Duties of persons to whom evaluation material is supplied by screening programme evaluator, or

"Using screening programme evaluation material: follow the rules to keep it safe and private"

Part 4ANational Cervical Screening Programme
Screening programme evaluators

112YDuties of screening programme evaluators

  1. No screening programme evaluator may use or disclose any evaluation material for a purpose other than performing that person's functions as a screening programme evaluator.

  2. Despite subsection (1), a screening programme evaluator may—

  3. disclose evaluation material to a person who is assisting the screening programme evaluator to perform the screening programme evaluator's functions, and who requires the material for that purpose; and
    1. use and disclose evaluation material for the purpose of referring a concern about the competence of a health practitioner to the authority responsible for the registration of practitioners of the profession that the person concerned practises, if the screening programme evaluator has first obtained the consent of the Director-General to use and disclose the material for that purpose; and
      1. disclose evaluation material to the Accident Compensation Corporation or the Health and Disability Commissioner for the purpose of assisting an investigation into concerns about the competence of a health practitioner; and
        1. use and disclose evaluation material for the purpose of advising the NCSP manager that, in the screening programme evaluator's opinion, a particular person who is enrolled in the NCSP may benefit from follow-up action; and
          1. use evaluation material to prepare academic papers or articles for publication in accordance with section 112ZA.

            1. Every screening programme evaluator must—

            2. take appropriate measures to safeguard all evaluation material from use or disclosure for a purpose other than a purpose that is specified in subsection (1) or subsection (2); and
              1. report to the Director-General any cases where evaluation material has been used or disclosed for an unauthorised purpose; and
                1. return all evaluation material that was provided in hard copy or electronic form to the supplier of that material as soon as it is no longer required for the purpose for which it was obtained, and destroy all copies of that material; and
                  1. take appropriate measures to keep all specimens in a secure environment that will preserve their physical integrity, and return them to the person who supplied them as soon as they are no longer required for the purpose for which they were obtained; and
                    1. advise each person to whom the screening programme evaluator discloses evaluation material under subsection (2)(a) of the duties of the screening programme evaluator in relation to that information, and of the duties of that person under section 112Z.

                      1. Every screening programme evaluator who is not an employee of the Ministry must—

                      2. provide to the Director-General, as soon as practicable after completing an evaluation of a screening programme, a written report containing the results of that evaluation; and
                        1. provide to the Director-General, as soon as practicable after being requested by the Director-General to do so, a statutory declaration as to whether or not the requirements of subsection (3)(a) to (c) have been complied with, and, if not, to what extent they have not been complied with.

                          1. Subsections (1) and (3)(a) and (c) are subject to section 112ZE.

                          Notes
                          • Section 112Y: inserted, on , by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).