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AGED CARE ACT 1997 - SECT 86.3

Disclosure of protected information for other purposes

             (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

                     (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

                     (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 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 ; 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.

             (2)  The * Aged Care Complaints Commissioner may disclose * protected information:

                     (a)  if the Commissioner 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 Commissioner determines; and

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

                     (c)  if the Commissioner 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 Commissioner determines, for the purpose of preventing or lessening the risk; and

                     (d)  if the Commissioner believes, on reasonable grounds, that:

                              (i)  a person's conduct breaches 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

                     (e)  if the Commissioner 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

                      (f)  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) or (2)(a);

                     (b)  a determination under paragraph (1)(a) or (e) or (2)(a) or (c) (if the determination is in writing).



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