19Authorisation to use information for permissible purposes

19 Authorisation to use information for permissible purposes

Use by persons in performing functions or duties or exercising powers (1) A person may do one or both of the following, in the performance of the person’s functions or duties, or the exercise of the person’s powers, for a permissible purpose: (a) disclose information (including personal information), on behalf of a responsible Commonwealth, State or Territory body, to the National Focal Point; (b) make a record of, or disclose or otherwise use, protected information in accordance with Division 6 or 7 of this Part.

Note: This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.

(2) A person may make a record of, or disclose or otherwise use, protected information if: (a) the person is: (i) an officer or employee of the Commonwealth, a State, the Australian Capital Territory or the Northern Territory; or (ii) an officer or employee of an agency or instrumentality of the Commonwealth, a State, the Australian Capital Territory or the Northern Territory; or (iii) a person engaged by the Commonwealth, a State, the Australian Capital Territory or the Northern Territory, to perform public health work; or (iv) a person engaged by an agency or instrumentality of the Commonwealth, a State, the Australian Capital Territory or the Northern Territory, to perform public health work; and (b) the person makes the record of, or discloses or otherwise uses, the information: (i) in the performance of the person’s functions or duties, or the exercise of the person’s powers; and (ii) for a permissible purpose.

Note: This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.

(3) In determining the scope of a person’s functions, duties or powers for the purposes of subsection (1) or (2), disregard any provision of an enactment that restricts or prohibits the making of records, or the disclosure or use, of information. Use by Minister (4) The Minister may: (a) do any of following for the purpose of giving effect to the International Health Regulations: (i) disclose protected information to the World Health Organization or a State Party; (ii) make a record of or use protected information; and (b) do any of the following for the purpose of assisting other countries to prevent, protect against, control or respond to an event relating to public health: (i) disclose protected information to a country that is affected or might be affected by the event; (ii) make a record of or use protected information for the purpose of determining whether a country is affected by the event.

Note 1: Examples of where Australia may disclose information to the World Health Organization include a disclosure for the purposes of Articles 6 to 10 of the International Health Regulations. For example, for the purposes of Articles 6, 7 and 10 of those Regulations, Australia may urgently need to notify the World Health Organization of, and give information about, events which might constitute a public health emergency of international concern.