64Authorisations to use or disclose information

64 Authorisations to use or disclose information

Use or disclosure in performing functions or exercising powers under this Act (1) An entrusted person may use or disclose protected information in performing functions or duties or exercising powers under this Act.

Note 1: A provision of this section constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws (including the common law).

Note 2: Use, in relation to information, includes make a record of (see the definition of use in section 5).

Use or disclosure for purposes of proceedings (2) An entrusted person may disclose protected information to a court or tribunal, or in accordance with an order of a court or tribunal, for the purposes of proceedings. Use or disclosure for purposes of enforcement related activity (3) An entrusted person may use protected information, or disclose protected information to an enforcement body, if the person reasonably believes that the use or disclosure is reasonably necessary for, or directly related to, one or more enforcement related activities being conducted by, or on behalf of, that enforcement body. (4) An enforcement body to which protected information is disclosed under subsection (1) may use or disclose the information for the purposes of one or more enforcement related activities being conducted by, or on behalf of, that enforcement body. Use or disclosure required or authorised by another Australian law (5) An entrusted person may use or disclose protected information if the use or disclosure is required or authorised under an Australian law other than this Act. Disclosure to person to whom information relates (6) An entrusted person may disclose protected information to the person to whom the information relates. Use or disclosure with consent (7) An entrusted person (the first person) may use or disclose protected information for a purpose if the person to whom the information relates has expressly consented to the first person using or disclosing the information for that purpose. Disclosure to person who provided information (8) An entrusted person may disclose protected information to the person who provided the information. Use or disclosure of information that is already public (9) An entrusted person may use protected information, or disclose protected information to another person, if the information has already been lawfully made available to the public. Disclosure to integrity agency (10) An entrusted person may disclose protected information to any of the following persons for the purposes of that person exercising the person’s powers, or performing the person’s functions or duties: (a) the Commonwealth Ombudsman, or another officer within the meaning of subsection 35(1) of the Ombudsman Act 1976; (b) the Australian Information Commissioner, a member of the staff of the Office of the Australian Information Commissioner, or a consultant engaged under the Australian Information Commissioner Act 2010. Use or disclosure for certified purposes (11) An entrusted person may use or disclose protected information for the purpose of achieving one or more objects of this Act if the Inspector‑General certifies, in writing, that it is necessary in the public interest for the person to use or disclose the information for that purpose. Disclosure for purposes of preventing serious threat to safety, health or well‑being (12) An entrusted person may disclose: (a) protected information; and (b) any other information obtained by the person in the person’s capacity as an entrusted person; if the disclosure: (c) is necessary to lessen or prevent a serious threat to the safety, health or well‑being of an individual seeking to access, or accessing, funded aged care services (within the meaning of the Aged Care Act 2024); or (d) is for the purpose of, or in relation to, reporting a past threat to an individual’s life, health or safety to an entity (within the meaning of the Aged Care Act 2024) that has regulatory, compliance or law enforcement functions.