Authorised use or disclosure not an offence under other laws
(1) Subject to subsection (2), a person does not commit an offence, and is not liable to any penalty, under any other enactment of the Commonwealth, or any enactment of a State or Territory, as a result of the person using or disclosing relevant information in accordance with Division 2.
(2) Subsection (1) does not apply in relation to provisions of the Australian Security Intelligence Organisation Act 1979 and the Intelligence Services Act 2001.
Authorised use or disclosure does not result in liability for civil proceedings
(3) A person is not liable to civil proceedings for loss, damage or injury of any kind suffered by an entity as a result of the person using or disclosing relevant information in accordance with Division 2.
Authorised use or disclosure does not contravene medical or other professional standards
(4) A person does not contravene medical standards, or any other relevant professional standards, as a result of the person using or disclosing relevant information in accordance with Division 2.
Division 2—Authorisation of use or disclosure of relevant information
Subdivision A—Authorisation of entities generally
537 Authorisations to use or disclose information—general
Use or disclosure in performing functions or exercising powers under this Act
(1) A person may use or disclose relevant information:
(a) in the course of performing a function or duty, or exercising a power, under or in connection with this Act; or
(b) to assist another person to perform a function or duty, or exercise a power, under or in connection with this Act.
Note 1: A provision of this section constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws (including the common law).
Note 2: Use, in relation to information, includes make a record of (see the definition of use in section 7).
Use or disclosure for purposes of proceedings
(2) A person may disclose relevant information to a court, a Royal Commission or any other body or entity that has power to require the production of documents or the answering of questions:
(a) for the purpose of complying with such a requirement; or
(b) for the purpose of providing information to a Royal Commission, whether for the purpose of complying with such a requirement or otherwise.
Note 1: Section 542 limits the circumstances in which the court, Royal Commission, body or entity with such power may make such a requirement.
Note 2: For example, a Royal Commission under the Royal Commissions Act 1902 is a body or entity that has power to require the production of documents or the answering of questions.
Section 536 - Aged Care Act 2024 - Protection from liability etc. | Zoe
Use or disclosure required or authorised by another Australian law
(3) A person may use or disclose relevant information if the use or disclosure is required or authorised under an Australian law other than this Act.
Disclosure to entity to whom information relates
(4) A person may disclose relevant information to the entity to which the information relates.
Use or disclosure with consent
(5) A person may use or disclose relevant information for a purpose if the entity to which the information relates has consented to the person using or disclosing the information for that purpose (whether the consent is express or implied).
Disclosure to entity that provided information
(6) A person may disclose relevant information to the entity that provided the information.
Use or disclosure of information that is already public
(7) A person may use relevant information, or disclose relevant information to another person, if the information has already been lawfully made available to the public.
Use or disclosure for purposes of preventing serious threat to safety, health or wellbeing, etc.
(8) A person may use or disclose relevant information if the person reasonably believes that the use or disclosure:
(a) is necessary to lessen or prevent a serious threat to the safety, health or wellbeing of an individual seeking to access, or accessing, funded aged care services; or
(b) is for the purpose of, or in relation to, reporting a past threat to an individual’s life, health or safety to an entity:
(i) that has regulatory, compliance or law enforcement functions; or
(ii) that is prescribed by the rules for the purposes of this paragraph.
Use or disclosure of information relating to fire safety
(8A) A person may use relevant information, or disclose relevant information to the chief executive officer (however described) of a State or Territory fire authority, if:
(a) the relevant information relates to fire safety; and
(b) the use or disclosure is for the purposes of assisting the State or Territory fire authority to perform its functions.
(8B) For the purposes of subsection (8A), a State or Territory fire authority means a State or Territory authority that has functions relating to fire safety under a law of the State or Territory (including a local by‑law).
Use or disclosure for purpose for which information was disclosed
(9) Subject to subsection (9A), if relevant information is disclosed to a person, the person may use or disclose the information for the purpose for which it was disclosed to the person.
(9A) The relevant information used or disclosed by the person must be de‑identified if:
(a) it is appropriate in the circumstances to de‑identify the relevant information; and
(b) de‑identifying the relevant information does not prevent the person from fulfilling the purpose for which the information was disclosed to the person.
Disclosure for worker screening
(10) A person may use or disclose relevant information:
(a) for the purpose of facilitating the performance of a function or duty, or the exercise of a power, under any of the following:
(i) an aged care worker screening law;
(ii) the NDIS Act;
(iii) an NDIS worker screening law;
(b) for the purpose of the aged care worker screening database.
538 Authorisations to use or disclose information—entrusted persons
Disclosure to Minister
(1) An entrusted person may disclose relevant information to the Minister for the purposes of the Minister’s performance of the Minister’s functions.
(2) Subsection (1) does not authorise disclosure of personal information if the purposes mentioned in that subsection can be achieved by the disclosure of information that has been de‑identified (within the meaning of the Privacy Act 1988).
Use or disclosure for obtaining legal advice or service
(3) An entrusted person may use or disclose relevant information for the purposes of providing or obtaining legal advice or another legal service.
Use or disclosure for provision of services to an individual
(4) An entrusted person may use or disclose, for any of the following purposes, relevant information relating to an individual accessing, or seeking to access, funded aged care services:
(a) delivery of funded aged care services or other community, health or social services to the individual;
(b) assessing the individual’s needs for funded aged care services or other community, health or social services;
(c) if the individual is accessing funded aged care services—assessing the level of care the individual needs, relative to the needs of other individuals accessing such services.
Subdivision B—Authorisation of System Governor and Appointed Commissioners
539 Authorisations of System Governor and Appointed Commissioners to use or disclose information
Disclosure to Chief Executive Centrelink or Chief Executive Medicare
(1) The System Governor or an Appointed Commissioner may disclose relevant information to the Chief Executive Centrelink for any of the following:
(a) a purpose relating to the payment of a subsidy or a grant (however described);
(b) for the purposes of a centrelink program.
Note: For centrelink program, see section 40 of the Human Services (Centrelink) Act 1997.
(2) The System Governor or an Appointed Commissioner may disclose relevant information to the Chief Executive Medicare for any of the following:
(a) a purpose relating to the payment of a subsidy or a grant (however described);
(b) the purposes of a medicare program or the Health and Other Services (Compensation) Care Charges Act 1995.
Note: For medicare program, see section 41G of the Human Services (Medicare) Act 1973.
Disclosure to Commonwealth bodies for facilitating functions, duties or powers
(3) The System Governor or an Appointed Commissioner may disclose relevant information to a body mentioned in subsection (4) for the purpose of facilitating the performance of the functions or duties, or the exercise of the powers, of the body or a member of the body.
(4) For the purposes of subsection (3), the bodies are:
(a) the Office of the Inspector‑General of Aged Care;
(b) the Department administered by the Minister administering the Veterans’ Entitlements Act 1986;
(c) the Repatriation Commission;
(d) the Military Rehabilitation and Compensation Commission;
(e) the Department administered by the Minister administering the Disability Services and Inclusion Act 2023;
(f) the National Disability Insurance Agency;
(g) the NDIS Quality and Safeguards Commission;
(h) the Department administered by the Minister administering the Human Services (Centrelink) Act 1997;
(i) Services Australia;
(j) Safe Work Australia;
(k) the Fair Work Commission;
(l) the Office of the Fair Work Ombudsman;
(m) the Office of the Commonwealth Ombudsman described in section 4A of the Ombudsman Act 1976;
(n) the Office of the Australian Information Commissioner;
(o) the Australian Prudential Regulation Authority;
(p) the Australian Securities and Investments Commission;
(q) the Australian Competition and Consumer Commission;
(r) the Independent Health and Aged Care Pricing Authority;
(s) the Australian Commission on Safety and Quality in Health Care;
(t) the Australian Institute of Health and Welfare;
(u) a Department of State, or other authority, of the Commonwealth that is prescribed by the rules and:
(i) has regulatory, compliance or enforcement functions relating to the provision of care, support, treatment or other related services or assistance (including care, support, treatment or other related services or assistance provided through a contractual or other arrangement); or
(ii) has functions of screening persons for suitability for work in a particular field or of occupational registration (however described) of persons.
Disclosure to supporter of individual accessing, or seeking to access, funded aged care services
(5) The System Governor or an Appointed Commissioner may disclose relevant information about an individual accessing, or seeking access, to funded aged care services to a supporter of the individual, if the information is relevant to anything the supporter is required or permitted to do as a supporter of the individual.
Disclosure for continuation of funded aged care services
(6) If an entity has taken over (however described) the delivery of funded aged care services, the System Governor or an Appointed Commissioner may disclose relevant information to the entity for the purposes of enabling the proper delivery of those services by the entity.
Disclosure for research
(7) The System Governor or an Appointed Commissioner may disclose relevant information to an entity that is carrying out research into funded aged care services on behalf of the Commonwealth if the System Governor or Appointed Commissioner reasonably believes the information is necessary for the research.
Note: Disclosure of relevant information that is personal information is not necessary for the research if the research could be carried out with de‑identified information.
Disclosure for law enforcement and revenue protection
(8) If the System Governor or an Appointed Commissioner reasonably believes that the use or disclosure of relevant information is necessary for:
(a) enforcement of the criminal law; or
(b) enforcement of a law imposing a pecuniary penalty; or
(c) protection of the public revenue; or
(d) an integrity purpose within the meaning of the Crimes Act 1914;
the System Governor or Appointed Commissioner may each use or disclose the information, and may disclose the information to each other, and to any agency whose functions include that enforcement or protection, or that purpose, for the purposes of that enforcement, protection or purpose.
Disclosure for maintenance of professional standards
(9) If the System Governor or an Appointed Commissioner reasonably believes that:
(a) a person’s conduct breaches, or may breach, the standards of professional conduct of a profession of which the entity is a member; and
(b) the person should be reported to a body responsible for standards of conduct in the profession;
the System Governor or Appointed Commissioner may disclose relevant information to that body for the purposes of maintaining standards of professional conduct in the profession.
Use or disclosure for certified purposes
(10) The System Governor may use relevant information, or disclose relevant information to specified persons, for a purpose specified by the System Governor, if the System Governor makes a written determination certifying that it is necessary in the public interest for the System Governor to use the relevant information, or to disclose the relevant information to those persons, for that purpose.
(11) An Appointed Commissioner may use relevant information, or disclose relevant information to specified persons, for a purpose specified by the Appointed Commissioner, if the Appointed Commissioner makes a written determination certifying that it is necessary in the public interest for the Appointed Commissioner to use the relevant information, or to disclose the relevant information to those persons, for that purpose.
(12) Subsections (10) and (11) have effect subject to the rules (if any).
(13) A determination made under subsection (10) or (11) is not a legislative instrument.
540 Authorisations of the System Governor and Appointed Commissioners to use or disclose information for certain inquiries, etc.
Disclosure to coroner etc.
(1) The System Governor or an Appointed Commissioner may disclose relevant information for the purpose of assisting a coronial inquiry, coronial investigation or coronial inquest under a law of the Commonwealth, a State or a Territory.
Disclosure for State or Territory complaints process
(2) The System Governor or an Appointed Commissioner may disclose relevant information to an entity or body that has, under a law of a State or Territory, a function of dealing with complaints or information about the provision of health or community services, for the purpose of facilitating the performance of the function.
Subdivision C—Authorisation of System Governor for grants and quality related purposes