Aged Care Act 2024

An entity contravenes this subsection if:

an individual (the discloser) makes a disclosure of information (the qualifying disclosure) that qualifies for protection under section 547; and

the entity discloses any of the following (the confidential information):

the identity of the discloser;

information that is likely to lead to the identification of the discloser; and

the confidential information is information that the entity obtained directly or indirectly because of the qualifying disclosure; and

the disclosure referred to in paragraph (b) is not authorised under subsection (2).

A disclosure referred to in paragraph (1)(b) is authorised under this subsection if:

the disclosure is made to an Appointed Commissioner or a member of the staff of the Commission; or

the disclosure is made to the System Governor, or an official of the Department; or

the disclosure is made to the Inspector‑General of Aged Care; or

the disclosure is made to a police officer; or

the disclosure is made to a legal practitioner for the purpose of obtaining legal advice or legal representation in relation to the operation of this Part; or

the disclosure is made with the consent of the discloser; or

the disclosure is necessary to lessen or prevent a serious threat to the safety, health or wellbeing of one or more individuals; or

the disclosure is made to a court, tribunal or a Royal Commission (within the meaning of the Royal Commissions Act 1902); or

the discloser elects to have the qualifying disclosure managed or dealt with as:

a complaint under section 361; or

a complaint or feedback under paragraph 165(1)(b); or

both of the following apply:

the confidential information is in the public domain before the disclosure is made;

the original disclosure of the confidential information into the public domain (before the disclosure is made) was not in contravention of subsection (1).

Subsection (1) does not apply if:

the confidential information disclosed by the entity (as mentioned in paragraph (1)(b)):

is not the identity of the discloser; and

is reasonably necessary for the purposes of dealing with the matter referred to in paragraph 547(c) to which the qualifying disclosure relates; and

the entity takes all reasonable steps to reduce the risk that the discloser will be identified as a result of the disclosure of the confidential information referred to in paragraph (1)(b).