Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies if a person gives information or a PHI record to the Private Health Insurance Ombudsman:
(a) in compliance with a request under section 20ZD or a notice under section 20ZE; or
(b) reasonably believing that this would assist the Private Health Insurance Ombudsman in:
(i) mediating a complaint under Division 5 or otherwise dealing with it under Subdivision B or D of Division 3; or
(ii) referring a complaint under section 20K or 20L; or
(iii) making a decision under section 20M not to deal, or not to continue to deal, with a complaint; or
(iv) investigating a matter under section 20T.
(2) The person is not liable to any penalty under the provisions of any other enactment by reason of his or her giving the information or PHI record to the Private Health Insurance Ombudsman.
(3) For the purposes of:
(a) the Privacy Act 1988; and
(b) any provision of a law of a State or Territory that provides that personal information contained in a record or information may be disclosed if the disclosure is authorised by law;
the giving of the information or PHI record to the Private Health Insurance Ombudsman is taken to be authorised by this Act.
(4) This section does not otherwise affect a claim of legal professional privilege that anyone may make in relation to the information or PHI record.
Self - incrimination etc.
(5) If the information or PHI record is given by an individual and, by giving the information or the PHI record, the individual:
(a) contravenes any other enactment; or
(b) might tend to incriminate himself or herself or make himself or herself liable to a penalty; or
(c) discloses a legal advice given to the subject of a complaint made under Division 3 or an investigation under Division 4; or
(d) if the subject of a complaint made under Division 3 or an investigation under Division 4 is an individual--discloses a privileged communication between the subject and another person or body; or
(e) if the subject of a complaint made under Division 3 or an investigation under Division 4 is not an individual--discloses a privileged communication between:
(i) an officer of the subject and another person or body; or
(ii) a person who is employed in the service of, or engaged to provide services to, the subject, and another person or body; or
(f) otherwise acts contrary to the public interest;
then none of the following are admissible in evidence against the individual in any proceedings, other than proceedings for an offence against section 137.1, 137.2 or 149.1 of the Criminal Code that relates to this Act:
(g) the information or PHI record given;
(h) giving the information or PHI record;
(i) any information, document or thing obtained as a direct or indirect consequence of giving the information or PHI record.
(6) In this section:
"privileged communication" means a communication protected against disclosure by legal professional privilege.