Document ID: chunk:federal_register_of_legislation:C2024C00505:section:61:p1
Version: federal_register_of_legislation:C2024C00505
Segment Type: section
Provision Reference: s 61 (pt 1/3)
Character Range: 70043–72812

61  Permitted disclosures of protected information by Commissioner
 (1) The Commissioner may disclose protected information:
 (a) if the Commissioner determines, in writing, that it is necessary in the public interest to disclose the information in a particular case—to such persons and for such purposes as the Commissioner determines; or
 (b) to a person who is, in the opinion of the Commissioner, expressly or impliedly authorised by the person or body to whom the information relates to obtain it; or
 (ba) to the Inspector‑General of Aged Care to assist in the performance of the functions, or the exercise of the powers, of the Inspector‑General of Aged Care under the Inspector‑General of Aged Care Act 2023 or instruments made under that Act; or
 (c) to the Secretary to assist in the performance of the functions, or the exercise of the powers, of the Secretary; or
 (d) to the Chief Executive Medicare for the purposes of payment of subsidies under the Aged Care Act; or
 (da) if the Commissioner believes, on reasonable grounds, that the information will assist in the performance of the functions, or the exercise of the powers, of a receiving Commonwealth body—to that body for the purposes of performing those functions or exercising those powers; or
 (e) if the Commissioner believes, on reasonable grounds, that the disclosure is necessary to prevent or lessen a serious risk to the safety, health or well‑being of an aged care consumer—to such persons as the Commissioner determines, for the purpose of preventing or lessening the risk; or
 (f) if the Commissioner believes, on reasonable grounds, that:
 (i) a person's conduct breaches, or may breach, 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; or
 (g) if a person has temporarily taken over the provision of care through a particular service to aged care consumers—to the person for the purposes of enabling the person to properly provide that care; or
 (ga) if an approved provider has appointed an eligible adviser as required by a notice given to the provider under section 63U—to the eligible adviser for the purposes of that appointment; or
 (h) if the Commissioner believes, on reasonable grounds, that disclosure of the information is necessary for:
 (i) the enforcement of the criminal law; or
 (ii) the enforcement of a law imposing a pecuniary penalty; or
 (iii) the protection of the public revenue;
  to an agency whose functions include that enforcement or protection, for the purposes of that enforcement or protection; or
 (i) to the