Commonwealth Consolidated Acts

AGED CARE QUALITY AND SAFETY COMMISSION ACT 2018 - SECT 60

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 ).