Document ID: chunk:federal_register_of_legislation:C2024C00580:section:34
Version: federal_register_of_legislation:C2024C00580
Segment Type: section
Provision Reference: s 34
Character Range: 57153–58666

34  Prohibition on disclosure of protected information

Offence
 (1) A person commits an offence if:
 (a) the person is, or was at any time, an entrusted public official; and
 (b) the person has, or has at any time had, a duty, function or power under this Act; and
 (c) the person discloses information to another person; and
 (d) the information is protected information; and
 (e) the disclosure is not an authorised disclosure.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.

Entrusted public official
 (2) Each of the following persons is an entrusted public official:
 (a) the Chief Executive Medicare;
 (b) a Human Services employee;
 (c) a consultant to the Human Services Department;
 (d) the Secretary of the Department administered by the Minister who administers this Act;
 (e) an APS employee in that Department;
 (f) any other person employed or engaged by that Department.

Protected information
 (3) Information is protected information if the information relates to a person other than the person who obtained it and:
 (a) the information is obtained by a person in the course of performing duties or functions, or exercising powers, under this Act; or
 (b) the information was information to which paragraph (a) applied and is obtained by a person by way of an authorised disclosure under section 36.

Authorised disclosure
 (4) A disclosure of information is an authorised disclosure if the disclosure is one that a person may make under section 35, 36, 37, 38, 39, 40 or 41.