Document ID: chunk:federal_register_of_legislation:C2019A00105:clause:3_29
Version: federal_register_of_legislation:C2019A00105
Segment Type: clause
Provision Reference: sch 3 cl 29
Character Range: 33503–34898

29  After subsection 88(2)
Insert:

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 midwife professional 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 of the Medical Indemnity Act 2002:
 (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).