534Simplified outline of this Chapter

534  Simplified outline of this Chapter

The unauthorised use and disclosure of certain information (protected information) obtained or generated for the purposes of this Act, such as personal information, is subject to criminal penalties.

This Chapter authorises the use and disclosure of protected information in certain circumstances, and also authorises the use and disclosure of a broader class of information (relevant information).

Authorisations differ depending on whether the uses or disclosures concerned are by persons generally, by entrusted persons such as public servants, or by the System Governor or an Appointed Commissioner. There are more extensive authorisations for the System Governor and Appointed Commissioners.

Persons making certain disclosures of information indicating suspected contraventions of this Act are protected from having their identities revealed and from victimisation.

Part 2—Secrecy of information

Division 1—Unauthorised use or disclosure of protected information

535  Unauthorised use or disclosure of protected information

 (a) the person is, or has been, an entrusted person; and

 (b) the person has obtained or generated information in the person’s capacity as an entrusted person; and

 (c) the information is protected information; and

 (d) the person uses or discloses the information.

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

 (a) the person uses or discloses information; and

 (b) the information is protected information; and

 (c) the information was disclosed to the person; and

 (d) the disclosure of the information to the person was authorised by or under any of the following provisions of this Act:

 (i) subsection 537(8) (reasonable belief about threats to safety, etc.);

 (ii) subsection 537(10) (functions under certain laws relating to worker screening);

 (iii) subsection 538(1) (performance of Minister’s functions);

 (iv) subsection 538(4) (individual accessing funded aged care services);

 (v) section 539 (use or disclosure by the System Governor or Appointed Commissioner);

 (vi) subsection 540(1) (coronial inquiries, etc.);

 (vii)  subsection 540(2) (health complaints, etc.);

 (viii) subsection 541(1) (grants); and

 (e) the person is not, and has never been, an entrusted person or, if the person is or has been an entrusted person, the information was not disclosed to the person in that capacity; and

 (f) the purpose for which the person uses or discloses the information is not the purpose for which the information was disclosed to the person.