Document ID: chunk:federal_register_of_legislation:C2025C00095:section:35:p3
Version: federal_register_of_legislation:C2025C00095
Segment Type: section
Provision Reference: s 35 (pt 3/4)
Character Range: 348425–351219

officer, in the performance of his or her duties as an officer:
 (a) from divulging or communicating information referred to in that subsection to another officer;
 (b) from furnishing any of the contents of, a copy of or an extract from a document referred to in that subsection to another officer; or
 (c) from returning such a document that has been produced to him or her to the person lawfully entitled to the custody of the document; or
 (d) from giving information or a document to the Inspector‑General of Intelligence and Security in accordance with section 35AB.
 (6A) Subsection (2) does not prevent the Ombudsman, or an officer acting on behalf of the Ombudsman, from giving information or documents under paragraph 6(4D)(e).

Sharing information about private health insurers among agencies
 (6B) Subsections (2) and (5) do not prevent an officer, in the performance of his or her duties as an officer, from disclosing information mentioned in subsection (6C) in accordance with subsection (6D).
 (6C) For subsection (6B), the information is information that:
 (a) relates to any or all of the following:
 (i) a private health insurer;
 (ii) an applicant to become a private health insurer;
 (iii) a person carrying on health insurance business;
 (iv) a director or officer of a person mentioned in subparagraph (i), (ii) or (iii); and
 (b) is not information of a kind specified in the Private Health Insurance (Information Disclosure) Rules as information that must not be disclosed under section 323‑10 of the Private Health Insurance Act 2007.
 (6D) For subsection (6B), the officer may disclose the information to the following:
 (a) the Health Minister;
 (b) the Secretary of the Health Department;
 (c) an APS employee in, or a person holding or performing the duties of an office in, the Health Department;
 (d) an APRA member, within the meaning of the Australian Prudential Regulation Authority Act 1998;
 (e) an APRA staff member, within the meaning of the Australian Prudential Regulation Authority Act 1998;
 (f) the Chief Executive Medicare;
 (g) a Departmental employee (within the meaning of the Human Services (Medicare) Act 1973);
if the disclosure is made in accordance with any requirements in the Private Health Insurance (Information Disclosure) Rules.
 (7) Subject to subsection (7A), where the Ombudsman proposes, for purposes connected with the exercise of his or her powers or performance of his or her functions, to furnish information, or to send a document, or a copy of, or extract from, a document, to the Ombudsman of a State, the Ombudsman shall satisfy himself or herself that a law of the State makes provision corresponding to the provision made by this section with respect to the confidentiality of information acquired by the Ombudsman of the