60Prohibition on use or disclosure etc. of protected information

60 Prohibition on use or disclosure etc. of protected information

Offence (1) A person commits an offence if: (a) the person obtains information in the course of performing functions, or exercising powers, under or for the purposes of this Act or the rules; and (b) the information is protected information; and (c) the person: (i) makes a record of the information; or (ii) uses the information; or (iii) discloses the information to another person.

Penalty: Imprisonment for 2 years.

(2) Protected information is information acquired under, or for the purposes of, this Act or the rules that: (a) is personal information; or (b) relates to the affairs of an approved provider or a service provider of a Commonwealth‑funded aged care service; or (c) relates to the affairs of an applicant for approval under section 63B. Exceptions (3) Subsection (1) does not apply if: (a) the person makes the record of, or uses or discloses, the information in the course of performing functions, or exercising powers, under or in relation to: (i) this Act or the rules; or (ii) the Aged Care Act or the Aged Care Principles; or (b) the conduct is authorised by the person or body to whom the information relates; or (c) the conduct is otherwise authorised under this Act, the rules or any other Act.

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

(4) Subsection (1) does not apply to a disclosure of information if: (a) the disclosure is to the person or body to whom the information relates; or (b) the disclosure is to the Minister or the Secretary.

Note: A defendant bears an evidential burden in relation to the matters in subsection (4) (see subsection 13.3(3) of the Criminal Code).