Document ID: chunk:federal_register_of_legislation:C2025C00156:section:130:p7
Version: federal_register_of_legislation:C2025C00156
Segment Type: section
Provision Reference: s 130 (pt 7/8)
Character Range: 804673–807409

Quality in Health Care:
 (a) the Secretary;
 (b) the Secretary of the Department administered by the Minister administering the My Health Records Act 2012;
 (c) the Chief Executive Medicare.
 (14) Where:
 (a) a person solicits the disclosure of protected information from an officer or another person; and
 (b) the disclosure would be in contravention of this section; and
 (c) the first‑mentioned person knows or ought reasonably to know that the information is protected information;
the first‑mentioned person commits an offence, whether or not any protected information is actually disclosed.
 (15) Where protected information is disclosed to a person in contravention of this section, the person commits an offence if he or she knows or ought reasonably to know that the disclosure is in contravention of this section and:
 (a) he or she in any way solicited the disclosure of the information; or
 (b) he or she discloses the information to another person; or
 (c) he or she uses the information otherwise than by disclosing it to another person.
 (17) Where:
 (a) a person is convicted of an offence under subsection (14); and
 (b) the person acted as an employee or agent of another person in soliciting the disclosure of the information;
the other person commits an offence.
 (17A) An offence under subsection (17) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (18) It is a defence to a prosecution for an offence against subsection (17) if the employee or agent was acting outside the scope of his or her authority as an employee or agent in soliciting the disclosure of the information.
Note: The defendant bears an evidential burden in relation to the matter in subsection (18). See subsection 13.3(3) of the Criminal Code.
 (19) Where:
 (a) a person is convicted of an offence under subsection (15); and
 (b) the person acted as an employee or agent of another person in obtaining the information;
the other person commits an offence.
 (19A) An offence under subsection (19) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (20) It is a defence to a prosecution for an offence against subsection (19) if the employee or agent's action described in subsection (15) was outside the scope of his or her authority as an employee or agent.
Note: The defendant bears an evidential burden in relation to the matter in subsection (20). See subsection 13.3(3) of the Criminal Code.
 (21) A person who:
 (a) offers to supply (whether to a particular person or otherwise) information about another person; and
 (b) knows that the information is protected information;
commits an offence.
 (22) A person who:
 (a) holds himself