Document ID: chunk:federal_register_of_legislation:C2004A00748:clause:3_2:p2
Version: federal_register_of_legislation:C2004A00748
Segment Type: clause
Provision Reference: sch 3 cl 2 (pt 2/3)
Character Range: 114919–117798

safety; or
 (ii) a serious threat to public health or public safety; or
 (f) the organisation has reason to suspect that unlawful activity has been, is being or may be engaged in, and uses or discloses the personal information as a necessary part of its investigation of the matter or in reporting its concerns to relevant persons or authorities; or
 (g) the use or disclosure is required or authorised by or under law; or
 (h) the organisation reasonably believes that the use or disclosure is reasonably necessary for one or more of the following by or on behalf of an enforcement body:
 (i) the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law;
 (ii) the enforcement of laws relating to the confiscation of the proceeds of crime;
 (iii) the protection of the public revenue;
 (iv) the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct;
 (v) the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal.

Note 1: It is not intended to deter organisations from lawfully co‑operating with agencies performing law enforcement functions in the performance of their functions.

Note 2: Subclause 2.1 does not override any existing legal obligations not to disclose personal information. Nothing in subclause 2.1 requires an organisation to disclose personal information; an organisation is always entitled not to disclose personal information in the absence of a legal obligation to disclose it.

Note 3: An organisation is also subject to the requirements of National Privacy Principle 9 if it transfers personal information to a person in a foreign country.

 2.2 If an organisation uses or discloses personal information under paragraph 2.1(h), it must make a written note of the use or disclosure.

 2.3 Subclause 2.1 operates in relation to personal information that an organisation that is a body corporate has collected from a related body corporate as if the organisation's primary purpose of collection of the information were the primary purpose for which the related body corporate collected the information.

 2.4 Despite subclause 2.1, an organisation that provides a health service to an individual may disclose health information about the individual to a person who is responsible for the individual if:
 (a) the individual:
 (i) is physically or legally incapable of giving consent to the disclosure; or
 (ii) physically cannot communicate consent to the disclosure; and
 (b) a natural person (the carer) providing the health service for the organisation is satisfied that either:
 (i) the disclosure is necessary to provide appropriate care or treatment of the individual; or
 (ii) the disclosure is made for compassionate