Document ID: chunk:federal_register_of_legislation:C2004A04850:body:0:p7
Version: federal_register_of_legislation:C2004A04850
Segment Type: other
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Character Range: 16578–19329

or any other inquiries under section 7A; or

       (ii) the carrying out of an investigation under this Act; or

       (iii) the making of a report under this Act.

"(3E) The Ombudsman must not, in disclosing information, or making a statement, under subsection (3A):

    (a) set out opinions that are, either expressly or impliedly, critical of a case manager or person unless the Ombudsman has given the case manager or the person an opportunity to make submissions, either orally or in writing, in relation to the information or statement, as the case requires; or

    (b) disclose the name of a complainant or any matter that would enable a complainant to be identified unless it is fair and reasonable in all the circumstances to do so.".

PART 5—AMENDMENT OF THE PRIVACY ACT 1988

Object of Part

19. The object of this Part is to require contracted case managers to comply with the provisions of the Privacy Act 1988 in providing case management services.

Principal Act

20. In this Part, "Principal Act" means the Privacy Act 19884.

Interpretation

21. Section 6 of the Principal Act is amended:

    (a) by omitting "and" (last occurring) from paragraph (g) of the definition of "agency" in subsection (1);

    (b) by adding at the end of paragraphs (a), (b), (c), (d), (e), (f) and (g) of the definition of "agency" in subsection (1) "or";

    (c) by adding at the end of the definition of "agency" in subsection (1) the following word and paragraph:

"or (i) an eligible case manager;";

    (d) by inserting in subsection (1) the following definition:

    " 'eligible case manager' means an entity (within the meaning of the Employment Services Act 1994):

        (a) that is, or has at any time been, a contracted case manager within the meaning of that Act; and

        (b) that is not covered by paragraph (a), (b), (c), (d), (e), (f), (g) or (h) of the definition of 'agency';".

Acts and practices of agencies etc.

22. Section 7 of the Principal Act is amended:

    (a) by inserting in paragraphs (1)(a), (d) and (e) "(other than an eligible case manager)" after "agency" (first occurring);

    (b) by adding "or" at the end of paragraphs (1)(a), (b), (c) and (e);

    (c) by inserting before paragraph (1)(d) the following paragraph:

         "(cb) an act done, or a practice engaged in, as the case may be, by an eligible case manager in connection with:

           (i) the provision of case management services (within the meaning of the Employment Services Act 1994) to persons referred to the eligible case manager under Part 4.3 of that Act; or

           (ii) the performance of functions conferred on the eligible case manager under that Act; or";

    (d) by inserting after paragraph (1)(e) the following