77Officers to observe secrecy

#### 77 Officers to observe secrecy Definitions (1) In this section: > medical indemnity legislation means: (a) this Act; or (b) the medical indemnity payment legislation; or (c) the repealed Medical Indemnity (Competitive Advantage Payment) Act 2005; or (d) the repealed Medical Indemnity (UMP Support Payment) Act 2002. > officer means a person performing duties, or exercising powers or functions, under or in relation to, the medical indemnity legislation. > person to whom this section applies means a person who is or was an officer. > protected document means a document that: (a) is obtained or made by a person to whom this section applies in the course of, or because of, the person’s functions, powers or duties under or in relation to the medical indemnity legislation; and (b) contains information relating to a person’s affairs. > protected information means information that: (a) is disclosed to, or obtained by, a person to whom this section applies in the course of, or because of, the person’s functions, powers or duties under or in relation to the medical indemnity legislation; and (b) relates to a person’s affairs. Offence (2) A person to whom this section applies commits an offence if: (a) the person: (i) makes a copy or other record of any protected information or of all or part of any protected document; or (ii) discloses any protected information to another person; or (iii) produces all or part of a protected document to another person; and (b) in doing so, is not acting in the performance of his or her duties, or in the exercise of his or her powers or functions, under the medical indemnity legislation; and (c) in doing so, is not acting for the purpose of enabling a person to perform functions under: (i) the medical indemnity legislation; or (ii) the Health Insurance Act 1973; or (iii) a medicare program; or (iv) the National Health Act 1953; or (v) the Private Health Insurance Act 2007. Penalty: Imprisonment for 2 years. Circumstances in which protected information and protected documents may be copied, recorded or divulged (2A) Despite subsection (2), any of the following persons may make a copy or record of, or divulge to any other of the following persons, protected information or a protected document, for the purposes of monitoring, assessing or reviewing the operation of the medical indemnity legislation: (a) the Secretary; (b) the Chief Executive Medicare; (c) the Actuary; (d) the Australian Prudential Regulation Authority; (e) the Australian Securities and Investments Commission. > Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code). (2B) Despite subsection (2), any of the following persons may make a copy or record of, or divulge to any other of the following persons, protected information or a protected document, for the purposes of conducting, or assisting a person to conduct, the evaluation mentioned in section 78A: (a) a person mentioned in subsection (2A) of this section; (b) a person conducting the evaluation; (c) a person assisting a person to conduct the evaluation. > Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code). (3) Despite subsection (2), the Secretary or the Chief Executive Medicare may: (a) if the Minister certifies, in writing, that it is necessary in the public interest that any protected information should be divulged, divulge that information to such person as the Minister directs; or (b) divulge any protected information to a person who, in the opinion of the Minister, is expressly or impliedly authorised by the person to whom the information relates to obtain it. > Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code). (4) Despite subsection (2), the Secretary or the Chief Executive Medicare may divulge any protected information to an authority or person if: (a) the authority or person is specified in rules made for the purposes of this subsection; and (b) the information is information of a kind that may, in accordance with the rules, be provided to the authority or person. > Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code). (5) If protected information is divulged to an authority or person under subsection (2A), (2B), (3) or (4): (a) the authority or person; and (b) any person or employee under the control of the authority or person; is, in respect of that information, subject to the same rights, privileges, obligations and liabilities under subsection (2) as if he or she were a person performing duties under the medical indemnity legislation and had acquired the information in the performance of those duties. (5A) Despite subsection (2), an officer may make a record of information with the express or implied authorisation of the person to whom the information relates. (6) This section does not prohibit the divulging or communicating to a person of information that relates to the person. > Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).