Giving information
409 Giving information
Nothing in a law of a State or of a Territory may operate to prevent a person from giving information, producing documents or giving evidence for the purposes of this Act.
The Commission (or a staff member assisting the Commission) may provide any information obtained in the performance of his or her duties under this Act, the DRCA or the VEA to a person or agency specified in this table for the purpose specified in the table:
Giving information | ||
|---|---|---|
Item | Person or agency | Purpose |
1 | The Defence Department | A purpose of the Defence Department |
2 | The Australian Defence Force | A purpose of the Australian Defence Force |
2A | 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 |
2B | The Secretary of the Health Department | A purpose of the Health Department |
2C | The Chief Executive Medicare (within the meaning of the Human Services (Medicare) Act 1973) | A purpose relating to the exercise of the Chief Executive Medicare’s powers or the performance of the Chief Executive Medicare’s functions |
2D | A receiving Commonwealth body | A purpose relating to the performance of a function, or the exercise of a power, by that body |
3 | A person or agency specified in the regulations | A purpose specified in the regulations in relation to that person or agency |
If:
any of the following apply:
a person is entitled to treatment under Chapter 6 of this Act;
a person is entitled to compensation for medical treatment under the DRCA;
a person is entitled to treatment under Part V of the VEA; and
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 Commission (or a staff member assisting the Commission) may provide any information that relates to the provision of that treatment:
to a receiving Commonwealth body; and
for a purpose relating to the performance of a function, or the exercise of a power, by that body.
The person or agency must not:
use the information for a purpose other than the specified purpose; or
further disclose the information for a purpose other than the specified purpose.
To avoid doubt, if information is disclosed or used in accordance with this section, the disclosure or use is taken, for the purposes of the Australian Privacy Principles, to be authorised by this Act.
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:
the Aged Care Quality and Safety Commission;
the National Disability Insurance Agency;
the NDIS Quality and Safeguards Commission;
the Department administered by the Minister administering the Aged Care Act 2024;
the Department administered by the Minister administering the Disability Services and Inclusion Act 2023;
the Department administered by the Minister administering the VEA;
if:
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
the Department or authority is prescribed in the regulations;
that Department or authority.
This provision refers to the regulations (specified in the regulations
, prescribed in the regulations
). Made under this Act:
- MRCA Pharmaceutical Benefits Scheme (No. MRCC 44/2013) · Legislative Instrument · under s 286(3)
- MRCA Private Patient Principles 2004 (6 August 2015) · Legislative Instrument · under para 286(1)(b) and s 286(3)
- Military Rehabilitation and Compensation (Access to Non-Liability Health Care for Malignant Neoplasia and Pulmonary Tuberculosis Treatment) Determination 2026 · Legislative Instrument · under s 284A(1)(a), (d)
9 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.