(a) the person or body is required or permitted by or under a prescribed Commonwealth law, a prescribed State law or a prescribed Territory law, to deal with information about persons who work, or seek to work, with an individual accessing funded aged care services; and
(b) the disclosure is required by or under a Commonwealth law, a State law or a Territory law.
85ZZGS Prescribed persons and bodies
Before the Governor‑General makes a regulation prescribing, for the purposes of section 85ZZGP, 85ZZGQ or 85ZZGR, a person or body:
(a) to which information may be disclosed; or
(b) by which information may be taken into account or disclosed;
the Minister must be satisfied that the person or body:
(c) is required or permitted by or under a Commonwealth law, a State law or a Territory law to obtain and deal with information about persons who work, or seek to work, with an individual accessing funded aged care services; and
(d) complies with applicable Commonwealth law, State law or Territory law relating to privacy, human rights and records management; and
(e) complies with the principles of natural justice; and
(f) has risk assessment frameworks and appropriately skilled staff to assess risks to the safety of an individual accessing funded aged care services.
85ZZGT Definitions
In this Subdivision:
funded aged care service has the same meaning as in the Aged Care Act 2024.
work includes the following:
(a) work:
(i) under a contract of employment, contract of apprenticeship or contract for services; or
(ii) in a leadership role in a religious institution, as part of the duties of a religious vocation or in any other capacity for the purposes of a religious institution; or
(iii) as an officer of a body corporate, member of the committee of management of an unincorporated body or association or member of a partnership; or
(iv) as a volunteer, other than unpaid work engaged in for a private or domestic purpose; or
(v) as a self‑employed person;
(b) practical training as part of a course of education or vocational training;
(c) acting in a prescribed capacity or engaging in a prescribed activity.
Subdivision B—Exclusions (Division 3)
85ZZH Exclusions
Division 3 does not apply in relation to the disclosure of information to or by, or the taking into account of information by a person or body referred to in one of the following paragraphs for the purpose specified in relation to the person or body:
(a) a law enforcement agency, for the purpose of making decisions in relation to prosecution or sentencing or of assessing:
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(i) prospective employees or prospective members of the agency; or
(ii) persons proposed to be engaged as consultants to, or to perform services for, the agency or a member of the agency;
(b) an intelligence or security agency, for the purpose of assessing:
(i) prospective employees or prospective members of the agency; or
(ii) persons proposed to be engaged as consultants to, or to perform services for, the agency or a member of the agency;
(c) a court or tribunal established under a Commonwealth law, a State law or a Territory law, for the purpose of making a decision, including a decision in relation to sentencing;
(d) a person who makes a decision under the Migration Act 1958, the Australian Citizenship Act 2007, or the Immigration Act 1980 of the Territory of Norfolk Island, for the purpose of making that decision;
(g) a Commonwealth authority, for the purpose of assessing appointees or prospective appointees to a designated position;
(h) AUSTRAC, for the purpose of assessing:
(i) prospective members of the staff of AUSTRAC; or
(ii) persons proposed to be engaged as consultants under subsection 225(1) of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006; or
(iii) persons whose services are proposed to be made available to AUSTRAC under subsection 225(3) of that Act;
(j) the Australian Government Solicitor, for the purpose of instituting or conducting proceedings for Commonwealth offences;
(k) a prescribed person or body, for a prescribed purpose, in relation to a conviction for a prescribed offence.
85ZZJ Further exclusions—law enforcement agencies
(1) Division 3 does not apply in relation to:
(a) the disclosure of information by a law enforcement agency, or an employee or member of a law enforcement agency, to another law enforcement agency, or an employee or member of another law enforcement agency, where the disclosure is made in the discharge of the duties of the first‑mentioned agency, employee or member;
(b) filing or recording information that comes into the possession of a law enforcement agency, or an employee or member of a law enforcement agency, where the filing or recording is done in the discharge of the duties of the agency, employee or member; or
(c) the use by a law enforcement agency of information relating to the investigation or prevention of crime, where the investigation or prevention of crime is a function of the agency.
(2) In this section:
employee, in relation to a law enforcement agency, includes a person engaged as a consultant to, or to perform services for, the agency or a member of the agency.
Subdivision BA—Exclusions relating to ASIO and ACC (Divisions 2 and 3)
85ZZJA Exclusions—ASIO
(1) Divisions 2 and 3 do not apply in relation to:
(a) the disclosure of information to or by ASIO, or an ASIO officer, if the disclosure is made for the purposes of the performance of the functions, or the exercise of the powers, of ASIO or the officer; or
(b) filing or recording information that comes into the possession of ASIO, or an ASIO officer, if the filing or recording is done for the purposes of the performance of the functions, or the exercise of the powers, of ASIO or the officer; or
(c) the use by ASIO, or an ASIO officer, of information for the purposes of the performance of the functions, or the exercise of the powers, of ASIO or the officer.
(2) In this section:
ASIO means the Australian Security Intelligence Organisation.
ASIO officer means:
(a) the Director‑General of Security; or
(b) an ASIO employee (within the meaning of the Australian Security Intelligence Organisation Act 1979); or
(c) an ASIO affiliate (within the meaning of that Act).
85ZZJB Exclusions—ACC
(1) Divisions 2 and 3 do not apply in relation to:
(a) the disclosure of information to or by the ACC, or an ACC officer, if the disclosure is made for the purposes of the performance of the ACC’s function covered by paragraph 7A(da) of the Australian Crime Commission Act 2002; or
(b) filing or recording information that comes into the possession of the ACC, or an ACC officer, if the filing or recording is done for the purposes of the performance of the ACC’s function covered by paragraph 7A(da) of the Australian Crime Commission Act 2002; or
(c) the use by the ACC, or an ACC officer, of information for the purposes of the performance of the ACC’s function covered by paragraph 7A(da) of the Australian Crime Commission Act 2002.
Note 1: The ACC’s function covered by paragraph 7A(da) of the Australian Crime Commission Act 2002 relates to criminal intelligence assessments.
Note 2: The ACC is also covered by section 85ZZJ (see the definition of law enforcement agency in section 85ZL).
(2) In this section:
ACC officer means:
(a) a member of the staff of the ACC; or
(b) the Chief Executive Officer of the ACC.
Subdivision BB—Use and disclosure of spent etc. conviction information by ASIO, ACC and other intelligence or security agencies
85ZZJC Use and disclosure of spent etc. conviction information by ASIO, ACC and other intelligence or security agencies
Spent, pardoned and quashed convictions
(1) ASIO or an ASIO officer may use or disclose information, relating to a person’s conviction of an offence that is spent, pardoned or quashed, in the performance of the functions, or the exercise of the powers, of ASIO or the officer.
(2) The ACC or an ACC officer may use or disclose information, relating to a person’s conviction of an offence that is spent, pardoned or quashed, in the performance of the ACC’s function covered by paragraph 7A(da) of the Australian Crime Commission Act 2002.
Note: The ACC’s function covered by paragraph 7A(da) of the Australian Crime Commission Act 2002 relates to criminal intelligence assessments.
(3) An intelligence or security agency may use or disclose information, relating to a person’s conviction of an offence that is spent, pardoned or quashed, for the purpose of assessing:
(a) prospective employees or prospective members of the agency; or
(b) persons proposed to be engaged as consultants to, or to perform services for, the agency or a member of the agency.
Persons being found guilty of offences but discharged without conviction
(4) ASIO or an ASIO officer may use or disclose information, relating to a person having been charged with and found guilty of an offence but discharged without conviction, in the performance of the functions, or the exercise of the powers, of ASIO or the officer.
(5) The ACC or an ACC officer may use or disclose information, relating to a person having been charged with and found guilty of an offence but discharged without conviction, in the performance of the ACC’s function covered by paragraph 7A(da) of the Australian Crime Commission Act 2002.
Note: The ACC’s function covered by paragraph 7A(da) of the Australian Crime Commission Act 2002 relates to criminal intelligence assessments.
(6) An intelligence or security agency may use or disclose information, relating to a person having been charged with and found guilty of an offence but discharged without conviction, for the purpose of assessing:
(a) prospective employees or prospective members of the agency; or
(b) persons proposed to be engaged as consultants to, or to perform services for, the agency or a member of the agency.
Relationship with other laws
(7) Nothing in this section limits any other power of ASIO, the ACC or an intelligence or security agency to use or disclose information:
(a) relating to a person’s conviction of an offence that is spent, pardoned or quashed; or
(b) relating to a person having been charged with and found guilty of an offence but discharged without conviction.
Interpretation
(8) This section has effect:
(a) despite subsection 85ZP(3) and Divisions 2 and 3; and
(b) despite any law of a State or Territory.
(9) In this section:
ACC officer means:
(a) a member of the staff of the ACC; or
(b) the Chief Executive Officer of the ACC.
ASIO means the Australian Security Intelligence Organisation.
ASIO officer means:
(a) the Director‑General of Security; or
(b) an ASIO employee (within the meaning of the Australian Security Intelligence Organisation Act 1979); or
(c) an ASIO affiliate (within the meaning of that Act).
Subdivision C—Other matters
85ZZK Fair reporting: pardons and quashed convictions
The publication of a fair and accurate report of the circumstances in which a person was granted a pardon (on any ground), or a person’s conviction was quashed, and of any related court proceedings, is not a breach of Division 2 or 3.
85ZZL Criminal proceedings before the Federal Court of Australia
(1) The Federal Court of Australia (and an officer of that court) may:
(a) require a person to disclose information to the court, or an officer of the court, about any Commonwealth offence, State offence, Territory offence or foreign offence in relation to which the person has been charged or convicted; and
(b) take into account that information;
for the purposes of indictable primary proceedings, criminal appeal proceedings or matters relating to either such proceedings.
Note: The officers of the Federal Court of Australia are referred to in section 18N of the Federal Court of Australia Act 1976.
(2) Division 3 does not apply in relation to a disclosure of information, or a taking into account of information, under subsection (1).
(3) Subsections (1) and (2) have effect despite section 85ZP and any other Commonwealth law, and any State law, Territory law or foreign law.
(4) For the purposes of references in this section to foreign law or foreign offence, a foreign country is taken to include a region where:
(a) the region is a colony, territory or protectorate of a foreign country; or
(b) the region is part of a foreign country; or
(c) the region is under the protection of a foreign country; or
(d) a foreign country exercises jurisdiction or control over the region; or
(e) a foreign country is responsible for the region’s international relations.
(5) In this section:
criminal appeal proceedings has the same meaning as in the Federal Court of Australia Act 1976.
indictable primary proceedings has the same meaning as in the Federal Court of Australia Act 1976.
Part VIID—Collecting, using and disclosing personal information that may be relevant for integrity purposes
86B Simplified outline of this Part
This Part authorises collection, use and disclosure of personal information for preventing, detecting, investigating or dealing with:
(a) serious misconduct by persons working for Commonwealth bodies; or
(b) fraud affecting Commonwealth bodies; or
(c) offences against Chapter 7 of the Criminal Code (which is about the proper administration of Government).
The authorisation is relevant to laws (such as privacy laws) that limit the collection, use and disclosure of personal information unless authorised by law.
86C Target entity may collect sensitive information for integrity purpose
A target entity may collect for an integrity purpose sensitive information that:
(a) if the target entity is a Privacy Act agency—is reasonably necessary for, or directly related to, one or more of the entity’s functions or activities; or
(b) if the target entity is a wholly‑owned Commonwealth company—is reasonably necessary for one or more of the entity’s functions or activities.
Note: Subclause 3.3 of Australian Privacy Principle 3 limits the circumstances in which an APP entity may collect sensitive information. This section lets a target entity collect sensitive information for an integrity purpose in circumstances corresponding to those in which it may collect other personal information (see subclauses 3.1 and 3.2 of that Principle).
86D Target entity may use personal information for integrity purpose
A target entity may use personal information for an integrity purpose relating to the entity.
86E Disclosure of personal information to target entity for integrity purpose
(1) This section applies if a law of the Commonwealth or of a State or Territory:
(a) limits disclosure of some or all personal information by a person, body or authority (however described); and
(b) exempts from the limitation a disclosure authorised by a law of the Commonwealth.
Note: Australian Privacy Principle 6 is an example of such a law of the Commonwealth. The Principle prohibits an APP entity from disclosing personal information for a purpose other than the one for which the entity collected the information, unless the disclosure is authorised under an Australian law or certain other exceptions apply.
(2) For the purposes of the exemption, the person, body or authority may disclose to a target entity for an integrity purpose personal information that the person, body or authority reasonably believes is related to one or more of the target entity’s functions or activities.
Limit on subsection (2) for disclosures by target entity
(3) Subsection (2) applies to a disclosure by a target entity other than the Australian Federal Police only if it is made for the target entity by a person who is authorised to make disclosures for integrity purposes by:
(a) the accountable authority (within the meaning of the Public Governance, Performance and Accountability Act 2013) of the entity, if it is a Commonwealth entity; or
(b) the entity or its principal executive (within the meaning of the Privacy Act 1988), if it is a Privacy Act agency other than a Commonwealth entity; or
(c) a director of the entity, if it is a wholly‑owned Commonwealth company.
86F This Part does not limit other laws
To avoid doubt, this Part does not impliedly limit other laws (whether written or unwritten) that authorise collection, use or disclosure of personal information.
86G Guidelines on the operation of this Part
(1) The Secretary of the Department may publish guidelines approved by the Information Commissioner on the operation of this Part.
(2) Guidelines under subsection (1) are not a legislative instrument.
Part VIII—Miscellaneous
87 False certificates
Any person who, being authorized or required by a law of the Commonwealth to give any certificate touching any matter by virtue whereof the rights of any person may be harmfully affected, gives a certificate which is, to his or her knowledge, false in any material particular, commits an offence.
Penalty: Imprisonment for 2 years.
89 Trespassing on Commonwealth land
(1) A person who, without lawful excuse (proof whereof shall lie upon him or her), trespasses or goes upon any prohibited Commonwealth land commits an offence.
Penalty: 10 penalty units.
(2) Where a person is found upon prohibited Commonwealth land, a constable, a protective service officer or an authorized Commonwealth officer may request the person to furnish his or her name and address to the constable or officer and, if the person fails to comply with the request, he or she commits an offence.
Penalty: 10 penalty units.
(3) Where a person is found upon prohibited Commonwealth land and a constable or authorized Commonwealth officer has reasonable grounds to believe that that person has gone upon the land in circumstances that amount to an offence against subsection (1), the constable or officer may apprehend that person and that person may be detained in proper custody to be dealt with according to law.