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SAFETY, REHABILITATION AND COMPENSATION (DEFENCE-RELATED CLAIMS) ACT 1988 - SECT 151A

Giving information

  (1AA)   Nothing in a law of a State or Territory operates to prevent a person from giving information, producing documents or giving evidence for the purposes of this Act.

  (1)   The MRCC (or a staff member assisting the MRCC) may provide any information obtained in the performance of duties under this Act to a person specified in the following table for the purposes specified in the table:

 

Giving information

 

Person

Purpose

1

The Secretary of the Department administered by the Minister who administers the National Health Act 1953

The purposes of that Department

2

The Secretary of the Department administered by the Minister who administers the Aged Care Act 1997

The purposes of that Department

3

The Chief Executive Officer of Services Australia

The purposes of Services Australia

4

The Chief Executive Centrelink (within the meaning of the Human Services (Centrelink) Act 1997 )

The purposes of Centrelink

5

The Chief Executive Medicare (within the meaning of the Human Services (Medicare) Act 1973 )

The purposes of Medicare

6

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

7

A receiving Commonwealth body

A purpose relating to the performance of a function, or the exercise of a power, by that body

  (1A)   The MRCC (or a staff member assisting the MRCC) may provide any information obtained in the performance of duties under this Act to the Secretary of the Defence Department for any purposes relating to:

  (a)   litigation involving an injury, disease or death of an employee in relation to which a claim has been made under this Act; or

  (b)   monitoring, or reporting on, the performance of the Defence Force in relation to occupational health and safety; or

  (c)   monitoring the cost to the Commonwealth of injuries, diseases or deaths of employees, in relation to which claims have been made under this Act.

  (1B)   The MRCC (or a staff member assisting the MRCC) may provide any information obtained in the performance of duties under this Act to the Chief of the Defence Force for a purpose relating to the reconsideration or review under Part   VI of a determination made under this Act about acceptance of liability for an injury, disease or death.

  (1C)   If:

  (a)   a person who is, or was, an employee is entitled to compensation for medical treatment under 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 MRCC (or a staff member assisting the MRCC) 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.

  (2)   The person must not:

  (a)   use the information obtained under subsection   (1), (1A), (1B) or (1C) for a purpose other than those purposes; or

  (b)   further disclose the information obtained under subsection   (1), (1A) , (1B) or (1C) for a purpose other than those purposes.

  (3)   To avoid doubt, information that is used or disclosed in accordance with this section is taken, for the purposes of the Privacy Act 1988 , to be authorised by law.

  (4)   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.



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