Document ID: chunk:federal_register_of_legislation:C2024C00505:section:60
Version: federal_register_of_legislation:C2024C00505
Segment Type: section
Provision Reference: s 60
Character Range: 68252–70043

60  Prohibition on use or disclosure etc. of protected information

Offence
 (1) A person commits an offence if:
 (a) the person obtains information in the course of performing functions, or exercising powers, under or for the purposes of this Act or the rules; and
 (b) the information is protected information; and
 (c) the person:
 (i) makes a record of the information; or
 (ii) uses the information; or
 (iii) discloses the information to another person.
Penalty: Imprisonment for 2 years.
 (2) Protected information is information acquired under, or for the purposes of, this Act or the rules that:
 (a) is personal information; or
 (b) relates to the affairs of an approved provider or a service provider of a Commonwealth‑funded aged care service; or
 (c) relates to the affairs of an applicant for approval under section 63B.

Exceptions
 (3) Subsection (1) does not apply if:
 (a) the person makes the record of, or uses or discloses, the information in the course of performing functions, or exercising powers, under or in relation to:
 (i) this Act or the rules; or
 (ii) the Aged Care Act or the Aged Care Principles; or
 (b) the conduct is authorised by the person or body to whom the information relates; or
 (c) the conduct is otherwise authorised under this Act, the rules or any other Act.
Note: A defendant bears an evidential burden in relation to the matters in subsection (3) (see subsection 13.3(3) of the Criminal Code).
 (4) Subsection (1) does not apply to a disclosure of information if:
 (a) the disclosure is to the person or body to whom the information relates; or
 (b) the disclosure is to the Minister or the Secretary.
Note: A defendant bears an evidential burden in relation to the matters in subsection (4) (see subsection 13.3(3) of the Criminal Code).