Commonwealth Numbered Acts Commonwealth Numbered ActsIn this Act:
"accountable authority " has the same meaning as in the Public Governance, Performance and Accountability Act 2013 .
"aged care funding agreement " means:
(a) an agreement entered into under subsection 73-1(3), 81-1(1), 82-1(1) or 83-1(1) of the Aged Care Act 1997 ; or
(b) an agreement providing for an arrangement under which money is payable by the Commonwealth, or for a grant of financial assistance by the Commonwealth, and the arrangement or grant is for the purposes of a program specified in:
(i) an item of the table in Part 4 of Schedule 1AA to the Financial Framework (Supplementary Powers) Regulations 1997 , to the extent that the program relates to aged care; or
(ii) an item of the table in Part 4 of Schedule 1AB to those regulations, to the extent that the program relates to aged care; or
(c) an agreement of a kind specified in the regulations.
"aged care law " means any of the following:
(a) a provision of the Aged Care Act 1997 ;
(b) a provision of the Aged Care Quality and Safety Commission Act 2018 ;
(c) a provision of the Aged Care (Transitional Provisions) Act 1997 ;
(d) a provision of a legislative instrument made under an Act referred to in paragraph (a), (b) or (c);
(e) section 131A of the National Health Reform Act 2011 , or regulations made for the purposes of that section;
(f) a provision of any other law of the Commonwealth specified in the regulations.
"Aged Care Royal Commission " means the Royal Commission into Aged Care Quality and Safety issued by the Governor-General by Letters Patent on 6 December 2018 (and including any later amendments of those Letters Patent).
"Australian law " means a law of the Commonwealth, or of a State or Territory.
"authorised official " : see subsection 50(7).
"civil penalty provision " has the same meaning as in the Regulatory Powers Act.
"Commonwealth entity " has the same meaning as in the Public Governance, Performance and Accountability Act 2013 .
"draft review report " , in relation to a review under section 17: see subsection 21(1).
"enforcement body " has the same meaning as in the Privacy Act 1988 .
"enforcement related activity " has the same meaning as in the Privacy Act 1988 .
"entrusted person " means any of the following:
(a) the Inspector-General;
(b) a member of the staff of the Office;
(c) a person assisting the Inspector-General under section 41;
(d) a consultant engaged by the Inspector-General under section 42.
"final review report " , in relation to a review under section 17: see subsection 24(1).
(a) a Commonwealth entity; or
(b) a body (other than a Commonwealth entity) established by or under a law of the Commonwealth; or
(c) a body established, otherwise than by or under a law of the Commonwealth, by the Governor-General; or
(d) an incorporated company in which the Commonwealth has a controlling interest; or
(e) a person (other than an individual) to whom a function, duty or power has been delegated or subdelegated under an aged care law; or
(f) a person (other than an individual) who is engaged as a consultant, contractor or subcontractor to perform a function or duty, or exercise a power, under an aged care law; or
(g) a person (other than an individual) who is registered or appointed to perform a function or duty, or exercise a power, under an aged care law; or
(h) a person (other than an individual) specified in the regulations.
(a) a Minister; or
(b) an official of a Commonwealth entity; or
(c) an individual who holds an appointment made, otherwise than by or under a law of the Commonwealth, by the Governor-General; or
(d) an individual to whom a function, duty or power has been delegated or subdelegated under an aged care law; or
(e) an individual who is engaged as a consultant, contractor or subcontractor to perform a function or duty, or exercise a power, under an aged care law; or
(f) an individual who is registered or appointed to perform a function or duty, or exercise a power, under an aged care law; or
(g) an individual who is engaged as a consultant or contractor by the Department to provide services to the Department in connection with the Commonwealth's administration of an aged care funding agreement or aged care law; or
(h) an individual specified in the regulations.
"identifying information " about an individual means information that identifies, or that could be used to identify, the individual.
"Inspector-General " means the Inspector-General of Aged Care referred to in section 9.
"Office " means the Office of the Inspector-General of Aged Care established under section 12.
"official " has the same meaning as in the Public Governance, Performance and Accountability Act 2013 .
"paid work " means work for financial gain or reward (whether as an employee, a self-employed person or otherwise).
"premises " includes any land or place.
"protected information " means any of the following:
(a) personal information within the meaning of the Privacy Act 1988 ;
(b) information that relates to the affairs of:
(i) an approved provider (within the meaning of the Aged Care Quality and Safety Commission Act 2018 ); or
(ii) a party to an aged care funding agreement (other than the Commonwealth);
(c) information the disclosure of which would or could reasonably be expected to prejudice the effective working of a Commonwealth entity in the exercise of the entity's powers or performance of the entity's functions or duties under an aged care law.
"Regulatory Powers Act " means the Regulatory Powers (Standard Provisions) Act 2014 .
"Secretary " means the Secretary of the Department.
"sensitive information " is information the disclosure of which would be contrary to the public interest:
(a) because it would prejudice the security, defence or international relations of the Commonwealth; or
(b) because it would involve disclosing:
(i) deliberations or decisions of the Cabinet, or of any committee of the Cabinet, of the Commonwealth or of a State; or
(ii) deliberations or advice of the Federal Executive Council or the Executive Council of a State or the Northern Territory; or
(iii) deliberations or decisions of the Australian Capital Territory Executive or of a committee of that Executive; or
(c) because it would prejudice relations between the Commonwealth and a State or Territory; or
(d) because it would involve disclosing any information that was communicated in confidence by the Commonwealth to a State or Territory, or by a State or Territory to the Commonwealth; or
(e) because it would reasonably be expected to prejudice the commercial interests of any person or body; or
(f) for any other reason that could form the basis for a claim in a judicial proceeding that the information should not be disclosed.
"staff of the Office " means the staff of the Office referred to in section 40.
"use, " in relation to information, includes make a record of.