48Use of protected information

48 Use of protected information

(1) A person commits an offence if: (a) the person makes a record of, discloses or otherwise uses information; and (b) the information is protected information; and (c) the information was acquired by the person in the course of performing duties or exercising powers or functions under this Act.

Penalty: Imprisonment for 2 years.

(2) This section does not apply to: (a) conduct that is carried out in the performance of a function or duty under this Act or the Aged Care Act 1997 or the exercise of a power under, or in relation to, this Act or the Aged Care Act 1997; or (b) the disclosure of protected information only to the person to whom it relates; or (c) the disclosure of protected information to the Minister or the Secretary; or (d) conduct carried out by an approved provider; or (e) conduct that is authorised by the person to whom the information relates; or (f) conduct that is otherwise authorised under this or any other Act.

Note: A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).