Document ID: chunk:federal_register_of_legislation:C2007C00215:clause:22_43:p1
Version: federal_register_of_legislation:C2007C00215
Segment Type: clause
Provision Reference: sch 22 cl 43 (pt 1/2)
Character Range: 362941–365861

43  After subsection 202(2)
Insert:

 (2A) A person engaged (whether as an employee or otherwise) by a service organisation may:
 (a) obtain protected information; or
 (b) make a record of protected information; or
 (c) disclose protected information to another person; or
 (d) otherwise use protected information;
if the person believes, on reasonable grounds, that the obtaining, recording, disclosure or use that is proposed to be made of the information by the person is reasonably necessary for one or more of the purposes specified in subsection (2B).

Note: In addition to the requirements of this section, information disclosed under this section must be dealt with in accordance with section 14 of the Privacy Act 1988.

 (2B) The purposes for which the person may obtain, record, disclose or use protected information are as follows:
 (a) facilitating access by a service recipient to a work‑related service provided by a service organisation;
 (b) facilitating efficient and effective delivery of a work‑related service by a service organisation;
 (c) facilitating efficient and effective performance of duties or exercise of functions relating to the provision of work‑related services by a service organisation;
 (d) facilitating efficient and effective administration by the Commonwealth of one or more of the matters mentioned in paragraphs (a), (b) or (c) (for example, payments to service organisations by the Commonwealth);
 (e) any other purpose determined by the Secretary under subsection (2E).

 (2C) A person may:
 (a) obtain protected information; or
 (b) make a record of protected information; or
 (c) disclose protected information to another person; or
 (d) otherwise use protected information;
if the Secretary believes, on reasonable grounds, that the obtaining, recording, disclosure or use that is proposed to be made of the information by the person is reasonably necessary for one or more of the following purposes:
 (e) research into matters of relevance to a Department that is administering any part of the social security law;
 (f) statistical analysis of matters of relevance to a Department that is administering any part of the social security law;
 (g) policy development.

 (2D) In this section:

service organisation means:
 (a) an Agency (within the meaning of the Public Service Act 1999); or
 (b) another authority of the Commonwealth; or
 (c) an organisation that performs services for the Commonwealth.

service recipient means a person:
 (a) who is receiving a social security payment, benefit or allowance; or
 (b) who has made a claim for a social security payment, benefit or allowance; or
 (c) who has contacted the Department about the receipt of, or an existing or future claim for, a social security payment, benefit or allowance; or
 (d) on whose behalf another person, with the person's authority, has contacted the Department about any of the matters mentioned