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AGED CARE ACT 1997 - SECT 86.2

Use of protected information

             (1)  A person commits an offence if:

                     (a)  the person makes a record of, discloses or otherwise uses information; and

                     (b)  the information is * protected information; and

                     (c)  the information was acquired by the person in the course of performing duties or exercising powers or functions under this Act or the Aged Care (Transitional Provisions) Act 1997 .

Penalty:  Imprisonment for 2 years.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

             (2)  This section does not apply to:

                     (a)  conduct that is carried out in the performance of a function or duty under this Act or the Aged Care (Transitional Provisions) Act 1997 or the exercise of a power under, or in relation to, this Act or the Aged Care (Transitional Provisions) Act 1997 ; or

                     (b)  the disclosure of information only to the person to whom it relates; or

                     (c)  conduct carried out by an approved provider; or

                     (d)  conduct that is authorised by the person to whom the information relates; or

                     (e)  conduct that is otherwise authorised under this or any other Act.

Note:          A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code ).



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