Document ID: chunk:federal_register_of_legislation:C2024C00613:section:95
Version: federal_register_of_legislation:C2024C00613
Segment Type: section
Provision Reference: s 95
Character Range: 211719–214151

95  Additional authorisation—Operator disclosing in public interest or for another specified purpose
 (1) The Operator may disclose protected information that was provided to, or obtained by, an officer of the scheme for the purposes of the scheme if:
 (a) the Operator certifies that the disclosure is necessary in the public interest in a particular case or class of cases and the disclosure is to such persons and for such purposes as the Operator determines; or
 (b) the disclosure:
 (i) is to a person who is expressly or impliedly authorised by the person or institution to which the information relates to obtain it; or
 (ii) is to the Chief Executive Centrelink for the purposes of a centrelink program (within the meaning of the Human Services (Centrelink) Act 1997); or
 (iii) is to the Chief Executive Medicare for the purposes of a medicare program (within the meaning of the Human Services (Medicare) Act 1973); or
 (iv) is to the head (however described) of a government institution, for the purposes of that institution.
 (1A) The Operator may disclose protected information to a person for the purpose of encouraging an institution that is not a participating institution to agree to participate in the scheme if, the protected information:
 (a) is about that institution; and
 (b) was provided to, or obtained by, an officer of the scheme for the purposes of the scheme.
 (2) A person to whom protected information is disclosed under subsection (1) or (1A) may:
 (a) obtain the information; or
 (b) make a record of the information; or
 (c) disclose the information to another person; or
 (d) use the information;
if the person does so for the purpose for which the information was disclosed to the person under subsection (1) or (1A).
 (3) In certifying for the purposes of paragraph (1)(a) or disclosing information for the purposes of subparagraph (1)(b)(iv), the Operator must act in accordance with any rules made for the purposes of subsection (4).
 (4) The rules may make provision for and in relation to the exercise of either or both of the following:
 (a) the Operator's power to certify for the purposes of paragraph (1)(a);
 (b) the Operator's power under subparagraph (1)(b)(iv) to disclose information to the head of a government institution.
 (5) If a certificate or determination under paragraph (1)(a) is given or made in writing, the certificate or determination is not a legislative instrument.