Document ID: chunk:federal_register_of_legislation:C2025C00122:section:2:p37
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 2 (pt 37/53)
Character Range: 430668–433434

within which the agreement is to be entered into; or
 (c) any provisions that the agreement must contain; or
 (d) any other matters with which the agreement must deal.
 (3) A *home care agreement must not contain any provision that would have the effect of the care recipient being treated less favourably in relation to any matter than the care recipient would otherwise be treated, under any law of the Commonwealth, in relation to that matter.

Division 62—What are the responsibilities relating to protection of personal information?

62‑1  Responsibilities relating to protection of personal information
  The responsibilities relating to protection of *personal information, relating to a person to whom the approved provider provides *aged care, are as follows:
 (a) the personal information must not be used other than:
 (i) for a purpose connected with the provision of aged care to the person by the approved provider; or
 (ii) for a purpose for which the personal information was given by or on behalf of the person to the approved provider;
 (b) except with the written consent of the person, the personal information must not be disclosed to any other person other than:
 (i) for a purpose connected with the provision of aged care to the person by the approved provider; or
 (ii) for a purpose connected with the provision of aged care to the person by another approved provider, so far as the disclosure relates to the person's *refundable deposit balance or *accommodation bond balance or the period for which retention amounts may be deducted under section 57‑20 of the Aged Care (Transitional Provisions) Act 1997 or to the person's remaining liability (if any) to pay an *accommodation payment, *accommodation contribution or *accommodation charge; or
 (iia) for a purpose connected with the provision of aged care to the person by another approved provider, so far as the disclosure relates to an appraisal or reappraisal connected with a classification that is in force for a care recipient to whom subsection 27‑4(5) applies (*entry into another aged care service within 28 days); or
 (iii) for a purpose for which the personal information was given by or on behalf of the person; or
 (iv) for the purpose of complying with an obligation under this Act or the Aged Care (Transitional Provisions) Act 1997 or any of the Principles made under section 96‑1 of this Act or the Aged Care (Transitional Provisions) Act 1997;
 (c) the personal information must be protected by security safeguards that it is reasonable in the circumstances to take against the loss or misuse of the information.

62‑2  Giving personal information to courts etc.
  This Division does not prevent *personal information being given to a court, or to a tribunal, authority