Document ID: chunk:federal_register_of_legislation:C2024C00534:section:77:p1
Version: federal_register_of_legislation:C2024C00534
Segment Type: section
Provision Reference: s 77 (pt 1/3)
Character Range: 270441–273240

77  Officers to observe secrecy

Definitions
 (1) In this section:
medical indemnity legislation means:
 (a) this Act; or
 (b) the medical indemnity payment legislation; or
 (c) the repealed Medical Indemnity (Competitive Advantage Payment) Act 2005; or
 (d) the repealed Medical Indemnity (UMP Support Payment) Act 2002.
officer means a person performing duties, or exercising powers or functions, under or in relation to, the medical indemnity legislation.
person to whom this section applies means a person who is or was an officer.
protected document means a document that:
 (a) is obtained or made by a person to whom this section applies in the course of, or because of, the person's functions, powers or duties under or in relation to the medical indemnity legislation; and
 (b) contains information relating to a person's affairs.
protected information means information that:
 (a) is disclosed to, or obtained by, a person to whom this section applies in the course of, or because of, the person's functions, powers or duties under or in relation to the medical indemnity legislation; and
 (b) relates to a person's affairs.

Offence
 (2) A person to whom this section applies commits an offence if:
 (a) the person:
 (i) makes a copy or other record of any protected information or of all or part of any protected document; or
 (ii) discloses any protected information to another person; or
 (iii) produces all or part of a protected document to another person; and
 (b) in doing so, is not acting in the performance of his or her duties, or in the exercise of his or her powers or functions, under the medical indemnity legislation; and
 (c) in doing so, is not acting for the purpose of enabling a person to perform functions under:
 (i) the medical indemnity legislation; or
 (ii) the Health Insurance Act 1973; or
 (iii) a medicare program; or
 (iv) the National Health Act 1953; or
 (v) the Private Health Insurance Act 2007.
Penalty: Imprisonment for 2 years.

Circumstances in which protected information and protected documents may be copied, recorded or divulged
 (2A) Despite subsection (2), any of the following persons may make a copy or record of, or divulge to any other of the following persons, protected information or a protected document, for the purposes of monitoring, assessing or reviewing the operation of the medical indemnity legislation:
 (a) the Secretary;
 (b) the Chief Executive Medicare;
 (c) the Actuary;
 (d) the Australian Prudential Regulation Authority;
 (e) the Australian Securities and Investments Commission.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).
 (2B) Despite subsection (2), any of the following persons may make a copy or record of, or divulge to