Document ID: chunk:federal_register_of_legislation:C2024C00623:section:88:p2
Version: federal_register_of_legislation:C2024C00623
Segment Type: section
Provision Reference: s 88 (pt 2/2)
Character Range: 134059–136216

matter in this subsection (see subsection 13.3(3) of the Criminal Code).
 (2B) Despite subsection (2), any of the following persons may make a copy or record of, or divulge to any other of the following persons, protected information or a protected document, for the purposes of conducting, or assisting a person to conduct, the evaluation mentioned in section 78A of the Medical Indemnity Act 2002:
 (a) a person mentioned in subsection (2A) of this section;
 (b) a person conducting the evaluation;
 (c) a person assisting a person to conduct the evaluation.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).
 (3) Despite subsection (2), the Secretary or the Chief Executive Medicare may divulge any protected information to an authority or person if:
 (a) the authority or person is an authority or person specified in the Rules for the purposes of this subsection; and
 (b) the information is information of a kind that may, in accordance with the regulations, be provided to the authority or person.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).
 (4) If protected information is divulged to an authority or person under subsection (2A), (2B) or (3):
 (a) the authority or person; and
 (b) any person or employee under the control of the authority or person;
is, in respect of that information, subject to the same rights, privileges, obligations and liabilities under subsection (2) as if he or she were a person performing duties under the midwife professional indemnity legislation and had acquired the information in the performance of those duties.
 (5) This section does not prohibit the divulging or communicating to a person of information that relates to the person.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).
 (5A) Despite subsection (2), an officer may make a record of information with the express or implied authorisation of the person to whom the information relates.