Commonwealth Consolidated Acts

PRIVATE HEALTH INSURANCE ACT 2007 - SECT 323.1

  (1)   A person commits an offence if:

  (a)   the person has, or has at any time had, a duty, function or power under this Act; and

  (aa)   the duty, function or power is not an * APRA private health insurance duty, function or power; and

  (b)   the person discloses information to another person; and

  (c)   the information is * protected information; and

  (d)   the disclosure is not an * authorised disclosure.

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

  (1A)   An APRA private health insurance duty, function or power is a duty, function or power of * APRA, or that a person has in the person's capacity as an officer (within the meaning of section   56 of the Australian Prudential Regulation Authority Act 1998 ), under any of the following:

  (a)   this Act;

  (b)   the Private Health Insurance (Prudential Supervision) Act 2015 ;

  (c)   the Financial Institutions Supervisory Levies Collection Act 1998 , as that Act applies in relation to levies imposed on private health insurers;

  (d)   the Financial Sector (Collection of Data) Act 2001 , as that Act applies in relation to private health insurers.

Note:   The disclosure of information regime for information obtained under APRA private health insurance duties, functions and powers is Part   6 of the Australian Prudential Regulation Authority Act 1998 (rather than this Division).

  (2)   Information is protected information if the information:

  (a)   either:

  (i)   is obtained by a person in the course of performing or exercising a duty, function or power under this Act, other than an * APRA private health insurance duty, function or power; or

  (ii)   was information to which subparagraph   (i) applied and is obtained by a person by way of an * authorised disclosure under section   323 - 10, 323 - 15 or 323 - 20; and

  (b)   relates to a person other than the person who obtained it.

  (3)   A disclosure of information is an authorised disclosure if the disclosure is one that the person may make under section   323 - 5, 323 - 10, 323 - 15, 323 - 20, 323 - 25 or 323 - 30.

Note:   A disclosure in accordance with subsection   132D(1) of the National Health Act 1953 is also taken to be an authorised disclosure for the purposes of this section: see subsection   132D(3) of the National Health Act 1953 .