Authorisations—dealings with officer obtained or generated information for program integrity etc
129C Authorisations—dealings with officer obtained or generated information for program integrity etc
This section applies to information that:
is obtained or generated by an officer (within the meaning of section 130) in the performance of duties or functions, or in the exercise of powers, under this Act; and
relates to the affairs of a person.
Information to which this section applies may be collected, used or disclosed for one or more of the purposes specified in subsection (3) in any of the following circumstances:
the disclosure is by a person who is or has been an officer (within the meaning of section 130) to an entrusted public official;
the collection, use or disclosure is by an entrusted public official;
if the information was previously disclosed to a person (the recipient) by an entrusted public official:
the disclosure of the information is by the recipient to an entrusted public official; or
the use of the information is by the recipient for the purpose for which it was previously disclosed; or
the disclosure of the information is by the recipient to any other person for the purpose for which it was previously disclosed.
Collection, use or disclosure authorised by this subsection is not prohibited by subsection 130(1) (see subsection 130(1A)).
This subsection also constitutes an authorisation for the purposes of other laws, such as the Privacy Act 1988.
The collection, use or disclosure is authorised if it is for one or more of the following purposes:
the integrity or sustainability of a medicare program;
the protection of a person from a risk arising from, or in connection with, the provision of a benefit or service under a medicare program;
the administration of a centrelink program (within the meaning of the Human Services (Centrelink) Act 1997);
the administration of the following Acts:
the Child Support (Assessment) Act 1989;
the Child Support (Registration and Collection) Act 1988.
For paragraph (a), section 130AAB extends the meaning of the integrity or sustainability of a medicare program.
However, this section does not authorise the following disclosures:
disclosure by any of the following persons of information obtained as a result of a review or investigation under Part VAA:
a person appointed under Division 2 of that Part;
a member of staff or a consultant engaged under section 106ZM or 106ZP;
a person whose services are made available under section 106ZN;
a person providing services under section 106ZPL;
any other person engaged (whether as an employee or otherwise) by the Professional Services Review to provide services in connection with the performance of duties or functions, or the exercise of powers, under Part VAA;
disclosure, by a person consulted under section 90, of information obtained in connection with that consultation.
For paragraph (a), such persons include the Director or an Associate Director of Professional Services Review or a Panel member of the Professional Services Review Panel (all within the meaning of Part VAA).
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