268Secrecy

268 Secrecy

(1) A person commits an offence if: (a) the person is, or has been, the Administrator; and (b) the person has obtained protected Administrator information in the person’s capacity as the Administrator; and (c) the person: (i) discloses the information to another person; or (ii) uses the information.

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

Exceptions (2) Each of the following is an exception to the prohibition in subsection (1): (a) the disclosure or use is authorised by this Act or by a National Health Reform law of a State or Territory; (b) the disclosure or use is in compliance with a law of the Commonwealth or a law of a State or Territory; (c) the disclosure or use is for the purposes of this Act or a National Health Reform law of a State or Territory; (d) the disclosure or use is for the purposes of the performance of the functions of the Administrator under this Act or a National Health Reform law of a State or Territory; (e) the disclosure or use is in the course of the Administrator’s employment or service as the Administrator; (f) the disclosure or use is in accordance with a direction given by the First Ministers’ Council under subsection 238(3); (g) the disclosure is to the Treasurer of the Commonwealth or a State or Territory, or to the responsible Minister for the Commonwealth or a State or Territory; (h) the disclosure is of information that relates to the affairs of a person with consent of the person; (i) the disclosure is of information that has already been lawfully made available to the public.

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

(3) Except where it is necessary to do so for the purposes of giving effect to this Act, the person is not to be required: (a) to produce to a court or tribunal a document containing protected Administrator information; or (b) to disclose protected Administrator information to a court or tribunal.