Document ID: chunk:federal_register_of_legislation:C2024A00104:section:550
Version: federal_register_of_legislation:C2024A00104
Segment Type: section
Provision Reference: s 550
Character Range: 767048–769654

550  Confidentiality of identity of disclosers
 (1) An entity contravenes this subsection if:
 (a) an individual (the discloser) makes a disclosure of information (the qualifying disclosure) that qualifies for protection under section 547; and
 (b) the entity discloses any of the following (the confidential information):
 (i) the identity of the discloser;
 (ii) information that is likely to lead to the identification of the discloser; and
 (c) the confidential information is information that the entity obtained directly or indirectly because of the qualifying disclosure; and
 (d) the disclosure referred to in paragraph (b) is not authorised under subsection (2).
Civil penalty: 30 penalty units.
 (2) A disclosure referred to in paragraph (1)(b) is authorised under this subsection if:
 (a) the disclosure is made to an Appointed Commissioner or a member of the staff of the Commission; or
 (b) the disclosure is made to the System Governor, or an official of the Department; or
 (c) the disclosure is made to the Inspector‑General of Aged Care; or
 (d) the disclosure is made to a police officer; or
 (e) the disclosure is made to a legal practitioner for the purpose of obtaining legal advice or legal representation in relation to the operation of this Part; or
 (f) the disclosure is made with the consent of the discloser; or
 (g) the disclosure is necessary to lessen or prevent a serious threat to the safety, health or wellbeing of one or more individuals; or
 (h) the disclosure is made to a court, tribunal or a Royal Commission (within the meaning of the Royal Commissions Act 1902); or
 (i) the discloser elects to have the qualifying disclosure managed or dealt with as:
 (i) a complaint under section 361; or
 (ii) a complaint or feedback under paragraph 165(1)(b); or
 (j) both of the following apply:
 (i) the confidential information is in the public domain before the disclosure is made;
 (ii) the original disclosure of the confidential information into the public domain (before the disclosure is made) was not in contravention of subsection (1).
 (3) Subsection (1) does not apply if:
 (a) the confidential information disclosed by the entity (as mentioned in paragraph (1)(b)):
 (i) is not the identity of the discloser; and
 (ii) is reasonably necessary for the purposes of dealing with the matter referred to in paragraph 547(c) to which the qualifying disclosure relates; and
 (b) the entity takes all reasonable steps to reduce the risk that the discloser will be identified as a result of the disclosure of the confidential information referred to in paragraph (1)(b).