Authorisations to use or disclose protected information
70H Authorisations to use or disclose protected information
Use or disclosure in performing functions or exercising powers under this Act
An *entrusted person may use or disclose *protected information in performing functions or duties, or exercising powers, under or for the purposes of this Act.
A provision of this section constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws (including the common law).
Disclosure for purposes of proceedings
An *entrusted person may disclose *protected information to a court or tribunal, or in accordance with an order of a court or tribunal, for the purposes of proceedings.
Use or disclosure for purposes of enforcement‑related activity
An *entrusted person may use *protected information, or disclose protected information to an enforcement body (within the meaning of the Privacy Act 1988), if the person reasonably believes that the use or disclosure is reasonably necessary for, or directly related to, one or more enforcement‑related activities being conducted by, or on behalf of, that enforcement body.
An enforcement body to which *protected information is disclosed under subsection (3) may use or disclose the information for the purposes of one or more enforcement‑related activities being conducted by, or on behalf of, that enforcement body.
Use or disclosure required or authorised by another Australian law
An *entrusted person may use or disclose *protected information if the use or disclosure is required or authorised under a law of:
the Commonwealth (other than this Act); or
a State or Territory.
Disclosure to person to whom information relates
An *entrusted person may disclose *protected information to the person to whom the information relates.
Use or disclosure with consent
An *entrusted person (the first person) may use or disclose *protected information for a purpose if the person to whom the information relates has expressly consented to the first person using or disclosing the information for that purpose.
Disclosure to person who provided information
An *entrusted person may disclose *protected information to the person who provided the information.
Use or disclosure of information that is already public
An *entrusted person may use *protected information, or disclose protected information to another person, if the information has already been lawfully made available to the public.
Disclosure to integrity agency
An *entrusted person may disclose *protected information to any of the following persons for the purposes of that person exercising the person’s powers, or performing the person’s functions or duties:
the Commonwealth Ombudsman, or another officer within the meaning of subsection 35(1) of the Ombudsman Act 1976;
the Australian Information Commissioner, a member of the staff of the Office of the Australian Information Commissioner, or a consultant engaged under the Australian Information Commissioner Act 2010.
Disclosure for purposes of preventing serious threat to safety, health or well‑being
An *entrusted person may disclose *protected information if the disclosure is necessary to lessen or prevent a serious threat to the safety, health or well‑being of another person.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.