Commonwealth Consolidated Acts

NATIONAL HEALTH REFORM ACT 2011 - SECT 213

  (1)   A person commits an offence if:

  (a)   the person is, or has been, an official of the Pricing Authority; and

  (b)   the person has obtained protected Pricing Authority information in the person's capacity as an official of the Pricing Authority; and

  (c)   the person:

  (i)   discloses the information to another person; or

  (ii)   uses the information.

Penalty:   Imprisonment for 2 years or 120 penalty units, or both.

Exceptions

  (2)   Each of the following is an exception to the prohibition in subsection   (1):

  (a)   the disclosure or use is authorised by this Part;

  (b)   the protected Pricing Authority information is not health care pricing and costing information or aged care information and the disclosure or use is in compliance with a requirement under:

  (i)   a law of the Commonwealth; or

  (ii)   a prescribed law of a State or a Territory;

  (c)   the protected Pricing Authority information is health care pricing and costing information and the disclosure or use is in compliance with a requirement under a law of the Commonwealth;

  (d)   the protected Pricing Authority information is aged care information and the disclosure or use is in compliance with a requirement under a law of the Commonwealth.

Note:   A defendant bears an evidential burden in relation to a matter in subsection   (2) (see subsection   13.3(3) of the Criminal Code ).

  (3)   Except where it is necessary to do so for the purposes of giving effect to this Act, a person who is, or has been, an official of the Pricing Authority is not to be required:

  (a)   to produce to a court or tribunal a document containing protected Pricing Authority information; or

  (b)   to disclose protected Pricing Authority information to a court or tribunal.