COMMUNITY SERVICES AND HEALTH LEGISLATION AMENDMENT ACT 1990 No. 106 of 1990 - SECT 31
Officers to observe secrecy
COMMUNITY SERVICES AND HEALTH LEGISLATION AMENDMENT ACT 1990 No. 106 of 1990 - SECT 31
Officers to observe secrecy
31. Section 135A of the Principal Act is amended:
(a) by inserting in subsection (5) ", subject to subsection (5A)," after
"but";
(b) by inserting after subsection (5) the following subsection:
"(5A) Statistics relating to the supply of pharmaceutical benefits may be
published in spite of the fact that the manufacturer of any of those
pharmaceutical benefits may be identified through those statistics.".
(c) by omitting subsection (13) and substituting the following
subsections:
"(13) Where:
(a) a person solicits the disclosure of protected information from an
officer or another person; and
(b) the disclosure would be in contravention of this section; and
(c) the first-mentioned person knows or ought reasonably to know that the
information is protected information; the first-mentioned person is
guilty of an offence, whether or not any protected information is
actually disclosed.
"(14) Where protected information is disclosed to a person in contravention of
this section, the person is guilty of an offence if he or she knows or ought
reasonably to know that the disclosure is in contravention of this section
and:
(a) he or she in any way solicited the disclosure of the information; or
(b) he or she discloses the information to another person; or
(c) he or she uses the information otherwise than by disclosing it to
another person.
"(15) It is a defence to a prosecution for an offence against subsection (14)
if it is established that the defendant had lawful authority for his or her
action.
"(16) Where:
(a) a person is convicted of an offence under subsection (13); and
(b) the person acted as an employee or agent of another person in
soliciting the disclosure of the information; the other person is
guilty of an offence.
"(17) It is a defence to a prosecution for an offence against subsection (16)
if it is established that the employee or agent was acting outside the scope
of his or her authority as an employee or agent in soliciting the disclosure
of the information.
"(18) Where:
(a) a person is convicted of an offence under subsection (14); and
(b) the person acted as an employee or agent of another person in
obtaining the information; the other person is guilty of an offence.
"(19) It is a defence to a prosecution for an offence against subsection (18)
if it is established that the employee or agent's action described in
subsection (14) was outside the scope of his or her authority as an employee
or agent.
"(20) A person who:
(a) offers to supply (whether to a particular person or otherwise)
information about another person; and
(b) knows that the information is protected information; is guilty of an
offence.
"(21) A person who:
(a) holds himself or herself out as being able to supply (whether to a
particular person or otherwise) information about another person; and
(b) knows that the information is protected information;
is guilty of an offence.
"(22) The penalty for an offence against subsection (13), (14), (16), (18),
(20) or (21) is imprisonment for a period not exceeding 2 years.
"(23) Nothing in this section has the effect that an officer exercising or
performing his or her duties, functions or powers under, or in relation to,
this Act is guilty of an offence.
"(24) In this section: `court' includes any tribunal, authority or person
having power to require the production of documents or the answering of
questions; `officer' means a person performing duties, or exercising powers or
functions under, or in relation to, this Act; `pharmaceutical benefit' has the
same meaning as in Part VII; `protected information' means information about a
person that is held in the records of the Department.".
Commencement: Day of Royal Assent
