Commonwealth Numbered Acts

AUSTRALIAN AGED CARE QUALITY AGENCY ACT 2013 (NO. 79, 2013) - SECT 48

             (1)  A person commits an offence if:

                     (a)  the person makes a record of, discloses or otherwise uses information; and

                     (b)  the information is protected information; and

                     (c)  the information was acquired by the person in the course of performing duties or exercising powers or functions under this Act.

Penalty:  Imprisonment for 2 years.

             (2)  This section does not apply to:

                     (a)  conduct that is carried out in the performance of a function or duty under this Act or the Aged Care Act 1997 or the exercise of a power under, or in relation to, this Act or the Aged Care Act 1997 ; or

                     (b)  the disclosure of protected information only to the person to whom it relates; or

                     (c)  the disclosure of protected information to the Minister or the Secretary; or

                     (d)  conduct carried out by an approved provider; or

                     (e)  conduct that is authorised by the person to whom the information relates; or

                      (f)  conduct that is otherwise authorised under this or any other Act.

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