Aged Care Act 2024
541Authorisations of System Governor to use or disclose information for grants, etc.
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541 Authorisations of System Governor to use or disclose information for grants, etc.
Disclosure for grants
(1) The System Governor may disclose relevant information to an entity to which a grant has been made under section 264 or 265 for a purpose for which the grant was made.
Disclosure for star ratings
(2) The System Governor must publish information about the following in relation to funded aged care services delivered by registered providers in approved residential care homes:
(a) the quality of those services;
(b) action taken under this Act:
(i) to ensure the quality of those services; or
(ii) to ensure compliance with this Act in relation to the delivery of those services; or
(iii) because of a failure to comply with this Act in relation to the delivery of those services;
(c) any other matter prescribed by the rules relating to:
(i) those services; or
(ii) registered providers in their delivery of those services.
(2A) Subsection (2) does not apply in relation to services delivered under specialist aged care programs unless the rules provide otherwise.
(3) The System Governor may publish information under subsection (2) in the form of one or more star ratings for an approved residential care home.
(3A) The System Governor may give an approved residential care home a low star rating for quality if the registered provider in relation to whom the approved residential care home is approved fails to comply with requirements under this Act to report on that quality.
(4) The System Governor may use or disclose relevant information for the purposes of:
(a) creating information for publication under subsection (2); or
(b) calculating star ratings for approved residential care homes.
(5) Information published under subsection (2) must not include personal information about an individual accessing, or seeking access, to funded aged care services.
(6) The System Governor is not liable to civil proceedings for loss, damage or injury of any kind suffered by the registered provider in relation to whom an approved residential care home is approved, or another entity, as a result of the publication of information under subsection (2).
Division 3—Limit on powers to require disclosure of protected information