Commonwealth Consolidated Acts

AGED CARE ACT 1997 - SECT 54.4

  (1)   This section applies to a disclosure of information by a person or body (the discloser ) who is, or was, any of the following:

  (a)   an approved provider;

  (b)   one of an approved provider's * key personnel;

  (c)   a * staff member of an approved provider;

  (d)   a care recipient of an approved provider, or a family member, carer, representative, advocate (including an independent advocate) of the recipient, or another person who is significant to the recipient;

  (e)   a volunteer who provides care or services for an approved provider.

  (2)   The disclosure of the information by the discloser qualifies for protection under this section if:

  (a)   the disclosure is made to one of the following:

  (i)   the * Quality and Safety Commissioner;

  (ii)   the approved provider;

  (iii)   one of the approved provider's * key personnel;

  (iv)   a * staff member of an approved provider;

  (v)   another person authorised by the approved provider to receive reports of * reportable incidents;

  (vi)   if the disclosure is reported to another person in accordance with the Quality of Care Principles--that person;

  (vii)   a police officer; and

  (b)   the discloser informs the person to whom the disclosure is made of the discloser's name before making the disclosure; and

  (c)   the discloser has reasonable grounds to suspect that the information indicates that a reportable incident has occurred; and

  (d)   the discloser makes the disclosure in good faith.