Document ID: chunk:federal_register_of_legislation:C2015A00131:clause:1_6
Version: federal_register_of_legislation:C2015A00131
Segment Type: clause
Provision Reference: sch 1 cl 6
Character Range: 3814–5728

6  At the end of section 86‑3
Add:
 (2) The *Aged Care Complaints Commissioner may disclose *protected information:
 (a) if the Commissioner certifies, in writing, that it is necessary in the public interest to do so in a particular case—to such people and for such purposes as the Commissioner determines; and
 (b) to a person who is, in the opinion of the Commissioner, expressly or impliedly authorised by the person to whom the information relates to obtain it; and
 (c) if the Commissioner believes, on reasonable grounds, that disclosure is necessary to prevent or lessen a serious risk to the safety, health or well‑being of a care recipient—to such people as the Commissioner determines, for the purpose of preventing or lessening the risk; and
 (d) if the Commissioner believes, on reasonable grounds, that:
 (i) a person's conduct breaches the standards of professional conduct of a profession of which the person is a member; and
 (ii) the person should be reported to a body responsible for standards of conduct in the profession;
  to that body, for the purposes of maintaining standards of professional conduct in the profession; and
 (e) if the Commissioner believes, on reasonable grounds, that disclosure of the information is reasonably necessary for:
 (i) enforcement of the criminal law; or
 (ii) enforcement of a law imposing a pecuniary penalty; or
 (iii) protection of the public revenue;
  to an agency whose functions include that enforcement or protection, for the purposes of that enforcement or protection; and
 (f) to a person of a kind specified in the Information Principles, for the purposes specified in the Information Principles in relation to people of that kind.
 (3) The following are not legislative instruments:
 (a) a certification under paragraph (1)(a) or (2)(a);
 (b) a determination under paragraph (1)(a) or (e) or (2)(a) or (c) (if the determination is in writing).