61Permitted disclosures of protected information by Commissioner

#### 61 Permitted disclosures of protected information by Commissioner (1) The Commissioner may disclose protected information: (a) if the Commissioner determines, in writing, that it is necessary in the public interest to disclose the information in a particular case—to such persons and for such purposes as the Commissioner determines; or (b) to a person who is, in the opinion of the Commissioner, expressly or impliedly authorised by the person or body to whom the information relates to obtain it; or (ba) to the Inspector‑General of Aged Care to assist in the performance of the functions, or the exercise of the powers, of the Inspector‑General of Aged Care under the Inspector‑General of Aged Care Act 2023 or instruments made under that Act; or (c) to the Secretary to assist in the performance of the functions, or the exercise of the powers, of the Secretary; or (d) to the Chief Executive Medicare for the purposes of payment of subsidies under the Aged Care Act; or (da) if the Commissioner believes, on reasonable grounds, that the information will assist in the performance of the functions, or the exercise of the powers, of a receiving Commonwealth body—to that body for the purposes of performing those functions or exercising those powers; or (e) if the Commissioner believes, on reasonable grounds, that the disclosure is necessary to prevent or lessen a serious risk to the safety, health or well‑being of an aged care consumer—to such persons as the Commissioner determines, for the purpose of preventing or lessening the risk; or (f) if the Commissioner believes, on reasonable grounds, that: (i) a person’s conduct breaches, or may breach, 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; or (g) if a person has temporarily taken over the provision of care through a particular service to aged care consumers—to the person for the purposes of enabling the person to properly provide that care; or (ga) if an approved provider has appointed an eligible adviser as required by a notice given to the provider under section 63U—to the eligible adviser for the purposes of that appointment; or (h) if the Commissioner believes, on reasonable grounds, that disclosure of the information is necessary for: (i) the enforcement of the criminal law; or (ii) the enforcement of a law imposing a pecuniary penalty; or (iii) the protection of the public revenue; to an agency whose functions include that enforcement or protection, for the purposes of that enforcement or protection; or (i) to the Pricing Authority to assist in the performance of the Aged Care Act functions (within the meaning of the National Health Reform Act 2011) of the Pricing Authority; or (ia) if: (i) under a law of a State or Territory, a person or body has the function, or functions that include the function, of dealing with complaints or information about the provision of health or community services by a person or body; and (ii) the Commissioner believes, on reasonable grounds, that the information will assist in the performance of that function; to the person or body for the purposes of performing that function; or (ib) if: (i) a person or body performs functions or exercises powers under, or for the purposes of, an NDIS worker screening law (within the meaning of the National Disability Insurance Scheme Act 2013); and (ii) the Commissioner believes, on reasonable grounds, that the information will assist in the performance of those functions or the exercise of those powers; to the person or body for the purposes of performing those functions or exercising those powers; or (j) to a person of a kind specified in the rules, for the purposes specified in the rules in relation to persons of that kind. (2) If a determination under paragraph (1)(a) or (e) is made in writing, the determination is not a legislative instrument. (3) In this section: > receiving Commonwealth body means any of the following: (a) the Military Rehabilitation and Compensation Commission; (b) the National Disability Insurance Scheme Launch Transition Agency; (c) the NDIS Quality and Safeguards Commission; (d) the Repatriation Commission; (e) the Department administered by the Minister administering the Disability Services and Inclusion Act 2023; (f) the Department administered by the Minister administering the Veterans’ Entitlements Act 1986; (g) if: (i) another Department of State, or another authority, of the Commonwealth has regulatory, compliance or enforcement functions in relation 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 an arrangement, including a contractual arrangement); and (ii) the Department or authority is prescribed in the rules; that Department or authority. > Repatriation Commission means the Repatriation Commission continued in existence by section 179 of the Veterans’ Entitlements Act 1986.