Document ID: chunk:federal_register_of_legislation:C2025C00122:section:59:p5
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 59 (pt 5/26)
Character Range: 496001–498703

that is carried out in the performance of a function or duty under this Act or the Aged Care (Transitional Provisions) Act 1997 or the exercise of a power under, or in relation to, this Act or the Aged Care (Transitional Provisions) Act 1997; or
 (b) the disclosure of information only to the person to whom it relates; or
 (c) conduct carried out by an approved provider; or
 (d) conduct that is authorised by the person to whom the information relates; or
 (e) conduct that is otherwise authorised under this or any other Act.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).

86‑3  Disclosure of protected information for other purposes
 (1) The Secretary may disclose *protected information:
 (a) if the Secretary certifies, in writing, that it is necessary in the public interest to do so in a particular case—to such people and for such purposes as the Secretary determines; and
 (b) to a person who is, in the opinion of the Secretary, expressly or impliedly authorised by the person to whom the information relates to obtain it; and
 (baa) to the *Inspector‑General of Aged Care to assist in the performance of the functions, or the exercise of the powers, of the Inspector‑General of Aged Care under the Inspector‑General of Aged Care Act 2023 or instruments made under that Act; and
 (ba) to the *Quality and Safety Commissioner to assist in the performance of the functions, or the exercise of the powers, of the Commissioner under the *Quality and Safety Commission Act or rules made under that Act; and
 (c) to the *Chief Executive Medicare for the purposes of the Health and Other Services (Compensation) Act 1995 or the Health and Other Services (Compensation) Care Charges Act 1995; and
 (ca) to the *Chief Executive Centrelink for the purpose of administering the social security law (within the meaning of the Social Security Act 1991); and
 (cb) to the Secretary of the Department administered by the Minister who administers the Social Security Act 1991; and
 (cc) to the *Pricing Authority to assist in the performance of the functions mentioned in subsection 131A(1) of the National Health Reform Act 2011 or the exercise of powers for or in connection with the performance of those functions; and
 (cd) if the Secretary believes, on reasonable grounds, that the information will assist in the performance of the functions, or the exercise of the powers, of a receiving Commonwealth body—to that body for the purposes of performing those functions or exercising those powers; and
 (d) to a State or Territory for the purposes of facilitating the transition from the application of this Act in