Document ID: chunk:federal_register_of_legislation:C2025C00122:section:59:p4
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 59 (pt 4/26)
Character Range: 493432–496207

been established under section 96‑3 and a function of the committee is to provide advice to the Secretary or the *Pricing Authority in relation to the reconsideration of a particular kind of *reviewable decision, the Secretary or the Pricing Authority:
 (a) may refer a reviewable decision of that kind to the committee for advice; and
 (b) must, in reconsidering the decision, take account of any advice of the committee in relation to the decision.

85‑6  Application fee for reconsideration of decision to change classification of care recipient
 (1) A request made under subsection 85‑5(1) for reconsideration of a *reviewable decision made under subsection 29‑1(1), 29C‑2(1), 29D‑1(1) or 29E‑1(1) (which deal with decisions relating to the classification of a care recipient) must be accompanied by the application fee (if any) specified in, or worked out in accordance with, the Classification Principles.
 (2) The amount of the fee must not be such as to amount to taxation.
 (3) The Classification Principles may deal with other matters in relation to the fee, including the following:
 (a) the circumstances in which the Secretary may waive the fee;
 (b) the circumstances in which a person is exempt from paying the fee;
 (c) the circumstances in which the fee may be refunded, in whole or in part.

85‑8  ART review of reviewable decisions
  An application may be made to the Administrative Review Tribunal for the review of a *reviewable decision that has been confirmed, varied or set aside under section 85‑4 or 85‑5.

Part 6.2—Protection of information

Division 86—Protection of information

86‑1  Meaning of protected information
  In this Part, protected information is information that:
 (a) was acquired under or for the purposes of this Act or the Aged Care (Transitional Provisions) Act 1997; and
 (b) either:
 (i) is *personal information; or
 (ii) relates to the affairs of an approved provider; or
 (iv) relates to the affairs of an applicant for a grant under Chapter 5.

86‑2  Use of protected information
 (1) A person commits an offence if:
 (a) the person makes a record of, discloses or otherwise uses information; and
 (b) the information is *protected information; and
 (c) the information was acquired by the person in the course of performing duties or exercising powers or functions under this Act or the Aged Care (Transitional Provisions) Act 1997.
Penalty: Imprisonment for 2 years.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
 (2) This section does not apply to:
 (a) conduct 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