81Disclosure of information by Secretary

#### 81 Disclosure of information by Secretary (1) Despite sections 77 and 80, the Secretary may: (a) if the Secretary certifies that it is necessary in the public interest to do so in a particular case or class of cases—disclose information acquired by a person in the performance of his or her functions or duties or in the exercise of his or her powers under this Act to such persons and for such purposes as the Secretary determines; or (b) disclose any such information: (i) to the Secretary of a Department of State of the Commonwealth, or to the head of an authority of the Commonwealth, for the purposes of that Department or authority; or (ii) to a person who has the express or implied consent of the person to whom the information relates to collect it; or (iii) to the Chief Executive Centrelink for the purposes of a centrelink program; or (iv) to the Chief Executive Medicare for the purposes of a medicare program. (2) In certifying for the purposes of paragraph (1)(a) or disclosing information for the purposes of subparagraph (1)(b)(i), the Secretary must act in accordance with any rules made for the purposes of section 82. (3) Despite any other provision of this Division, the Secretary may disclose protected information to a participant’s nominee if the protected information: (a) relates to the participant; and (b) is or was held in the records of the Department. (4) If: (a) the Secretary or an officer is served with a summons or notice, or is otherwise subject to a requirement, under the Royal Commissions Act 1902; and (b) in order to comply with the summons, notice or requirement, the Secretary or officer would be required to disclose information that is protected information; then, despite sections 77 and 80 of this Act, the Secretary or officer must, subject to the Royal Commissions Act 1902, disclose that information. The information is taken to have been disclosed for the purposes of the Royal Commissions Act 1902 and of the Royal Commission concerned.