Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Nothing in a law of a State or of a Territory may operate to prevent a person from giving information, producing documents or giving evidence for the purposes of this Act.
(2) The Commission (or a staff member assisting the Commission) may provide any information obtained in the performance of his or her duties under this Act to a person or agency specified in this table for the purpose specified in the table:
Giving information | ||
Item | Person or agency | Purpose |
1 | An employee of the Defence Department | A purpose relating to litigation involving a service injury, disease or death in relation to which a claim has been made under section 319 |
2 | The Chief of the Defence Force | A purpose relating to reconsideration or review under Chapter 8 of a determination made under Chapter 2 about acceptance of liability for a service injury, disease or death |
2A | The Commonwealth Superannuation Corporation | A purpose relating to the performance of a function, or the exercise of a power, by that Corporation under: (a) an Act administered by CSC; or (b) an instrument under an Act administered by CSC |
2B | The Secretary of the Health Department | A purpose of the Health Department |
2C | The Chief Executive Medicare (within the meaning of the Human Services (Medicare) Act 1973 ) | A purpose relating to the exercise of the Chief Executive Medicare's powers or the performance of the Chief Executive Medicare's functions |
2D | A purpose relating to the performance of a function, or the exercise of a power, by that body | |
3 | A person or agency specified in the regulations | A purpose specified in the regulations in relation to that person or agency |
(2A) If:
(a) a person is entitled to treatment under Chapter 6 of this Act; and
(b) the treatment is provided to the person through an arrangement, including a contractual arrangement, with a body that is not a corporate Commonwealth entity or a non - corporate Commonwealth entity;
the Commission (or a staff member assisting the Commission) may provide any information that relates to the provision of that treatment:
(c) to a receiving Commonwealth body; and
(d) for a purpose relating to the performance of a function, or the exercise of a power, by that body.
(3) The person or agency must not:
(a) use the information for a purpose other than the specified purpose; or
(b) further disclose the information for a purpose other than the specified purpose.
(4) To avoid doubt, if information is disclosed or used in accordance with this section, the disclosure or use is taken, for the purposes of the Australian Privacy Principles, to be authorised by this Act.
(5) In this section:
"Act administered by CSC" has the meaning given by the Governance of Australian Government Superannuation Schemes Act 2011 .
"corporate Commonwealth entity" has the same meaning as in the Public Governance, Performance and Accountability Act 2013 .
"non-corporate Commonwealth entity" has the same meaning as in the Public Governance, Performance and Accountability Act 2013 .
"receiving Commonwealth body" means any of the following:
(a) the Aged Care Quality and Safety Commission;
(b) the National Disability Insurance Scheme Launch Transition Agency;
(c) the NDIS Quality and Safeguards Commission;
(d) the Repatriation Commission;
(e) the Department administered by the Minister administering the Aged Care Act 1997 ;
(f) the Department administered by the Minister administering the Disability Services and Inclusion Act 2023 ;
(g) the Department administered by the Minister administering the Veterans' Entitlements Act 1986 ;
(h) if:
(i) another Department of State, or another authority, of the Commonwealth has regulatory, compliance or enforcement functions in relation to the provision of care, support, treatment or other related services or assistance (including care, support, treatment or other related services or assistance provided through an arrangement, including a contractual arrangement); and
(ii) the Department or authority is prescribed in the regulations;
that Department or authority.