AGED CARE ACT 1997 - SECT 86.3 Disclosure of protected information for other purposes

AGED CARE ACT 1997 - SECT 86.3

  (1)   The Secretary may disclose * protected information:

  (a)   if the Secretary certifies, in writing, that it is necessary in the public interest to do so in a particular case--to such people and for such purposes as the Secretary determines; and

  (b)   to a person who is, in the opinion of the Secretary, expressly or impliedly authorised by the person to whom the information relates to obtain it; and

  (baa)   to the * Inspector - General of Aged Care to assist in the performance of the functions, or the exercise of the powers, of the Inspector - General of Aged Care under the Inspector - General of Aged Care Act 2023 or instruments made under that Act; and

  (ba)   to the * Quality and Safety Commissioner to assist in the performance of the functions, or the exercise of the powers, of the Commissioner under the * Quality and Safety Commission Act or rules made under that Act; and

  (c)   to the * Chief Executive Medicare for the purposes of the Health and Other Services (Compensation) Act 1995 or the Health and Other Services (Compensation) Care Charges Act 1995 ; and

  (ca)   to the * Chief Executive Centrelink for the purpose of administering the social security law (within the meaning of the Social Security Act 1991 ); and

  (cb)   to the Secretary of the Department administered by the Minister who administers the Social Security Act 1991 ; and

  (cc)   to the * Pricing Authority to assist in the performance of the functions mentioned in subsection   131A(1) of the National Health Reform Act 2011 or the exercise of powers for or in connection with the performance of those functions; and

  (cd)   if the Secretary believes, on reasonable grounds, that the information will assist in the performance of the functions, or the exercise of the powers, of a receiving Commonwealth body--to that body for the purposes of performing those functions or exercising those powers; and

  (d)   to a State or Territory for the purposes of facilitating the transition from the application of this Act in respect of * aged care services in the State or Territory to regulation by the State or Territory in respect of those aged care services; and

  (e)   if the Secretary believes, on reasonable grounds, that disclosure is necessary to prevent or lessen a serious risk to the safety, health or well - being of a care recipient--to such people as the Secretary determines, for the purpose of preventing or lessening the risk; and

  (f)   if the Secretary believes, on reasonable grounds, that:

  (i)   a person's conduct breaches, or may breach, the standards of professional conduct of a profession of which the person is a member; and

  (ii)   the person should be reported to a body responsible for standards of conduct in the profession;

    to that body, for the purposes of maintaining standards of professional conduct in the profession; and

  (g)   if a person has temporarily taken over the provision of care through a particular service to care recipients--to the person for the purposes of enabling the person properly to provide that care; and

  (h)   if the Secretary believes, on reasonable grounds, that disclosure of the information is reasonably necessary for:

  (i)   enforcement of the criminal law; or

  (ii)   enforcement of a law imposing a pecuniary penalty; or

  (iii)   protection of the public revenue;

    to an agency whose functions include that enforcement or protection, for the purposes of that enforcement or protection; and

  (i)   to the Secretary of the Department administered by the Minister who administers the Veterans' Entitlements Act 1986 , for purposes connected with the provision of treatment under:

  (i)   Part   V of the Veterans' Entitlements Act 1986 ; or

  (ii)   Chapter   6 of the Military Rehabilitation and Compensation Act 2004 ; or

  (iii)   the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006 ; or

  (iv)   the Treatment Benefits (Special Access) Act 2019 ; and

  (j)   to a person of a kind specified in the Information Principles, for the purposes specified in the Information Principles in relation to people of that kind.

  (3)   The following are not legislative instruments:

  (a)   a certification under paragraph   (1)(a);

  (b)   a determination under paragraph   (1)(a) or (e) (if the determination is in writing).

  (4)   In this section:

"receiving Commonwealth body" means any of the following:

  (a)   the Aged Care Quality and Safety Commission;

  (b)   the Military Rehabilitation and Compensation Commission;

  (c)   the National Disability Insurance Scheme Launch Transition Agency;

  (d)   the NDIS Quality and Safeguards Commission;

  (e)   the Repatriation Commission;

  (f)   the Department administered by the Minister administering the Disability Services and Inclusion Act 2023 ;

  (g)   the Department administered by the Minister administering the Veterans' Entitlements Act 1986 ;

  (h)   if:

  (i)   another Department of State, or another authority, of the Commonwealth has regulatory, compliance or enforcement functions in relation to the provision of care, support, treatment or other related services or assistance (including care, support, treatment or other related services or assistance provided through an arrangement, including a contractual arrangement); and

  (ii)   the Department or authority is specified in the Information Principles;

    that Department or authority.