Information Principles 1997 (Cth)

Information Principles 1997

as amended

made under subsection 96-1 of the

Aged Care Act 1997

Compilation start date:   1 January 2014

Includes amendments up to: Information Amendment (Quality Agency) Principle 2013

About this compilation

This compilation

This is a compilation of the Information Principles 1997 as in force on 1 January 2014. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 1 January 2014.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.

Contents

16.1....... Citation.......................................................................................................................... 1

16.2....... Commencement............................................................................................................. 1

16.3....... Purpose of Principles (Act, s 86‑3)............................................................................... 1

16.4....... Definitions..................................................................................................................... 1

16.5....... Disclosure of protected information.............................................................................. 1

Endnotes3

Endnote 1—About the endnotes  3

Endnote 2—Abbreviation key  4

Endnote 3—Legislation history  5

Endnote 4—Amendment history  6

Endnote 5—Uncommenced amendments [none]  7

Endnote 6—Modifications [none]  7

Endnote 7—Misdescribed amendments  [none]  7

Endnote 8—Miscellaneous [none]  7

Note: Part 6.2 of the Aged Care Act 1997

Part 6.2 of the Aged Care Act 1997 is about protecting information about care recipients.

16.1  Citation

These Principles may be cited as the Information Principles 1997.

16.2  Commencement

These Principles commence on 1 October 1997.

16.3  Purpose of Principles (Act, s 86‑3)

These Principles specify kinds of persons to whom the Secretary may disclose protected information, and for what purposes the information can be disclosed.

16.4  Definitions

In these Principles:

Act means the Aged Care Act 1997.

protected information has the meaning given by section 86‑1 of the Act.

Quality Agency means the Australian Aged Care Quality Agency.

16.5  Disclosure of protected information

(1)  The Secretary may disclose protected information:

(a)  to the Secretary of the Department of Families, Housing, Community Services and Indigenous Affairs, for working out whether any amount is payable to a person as rent assistance under:

(i)  the Social Security Act 1991; or

(ii)  the A New Tax System (Family Assistance) Act 1999; or

(b)  to the Repatriation Commission and the Secretary of the Department administered by the Minister who administers the Veterans’ Entitlements Act 1986, for working out whether any amount is payable to a person as rent assistance under that Act; or

(c) to the chief executive officer of the Quality Agency, to assist the chief executive officer to perform the functions mentioned in section 12 of the Australian Aged Care Quality Agency Act 2013; or

(d)  if the information relates to fire safety—to the chief executive officer (however described) of a relevant authority, to assist the authority to perform its functions; or

(e)  to the Aged Care Commissioner, to assist the Commissioner to perform his or her functions; or

(f)  to the Aged Care Pricing Commissioner, to assist the Pricing Commissioner to perform his or her functions; or

(g)  to the chief executive officer of the Australian Institute of Health and Welfare, to assist the body to perform its functions under the Australian Institute of Health and Welfare Act 1987, subject to the confidentiality and other information protection provisions in that Act, including but not limited to section 29.

(2)  In paragraph (1)(d):

relevant authority means an authority of a State or Territory (including a local authority) that has functions under a law of the State or Territory (including local by‑laws) relating to fire safety.

Note:          A person to whom protected information is disclosed under this section must not make a record of, disclose or otherwise use the information except for the purpose for which the information is disclosed (Act, section 86‑5).

Endnotes

Endnote 1—About the endnotes

The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments

Endnote 6—Modifications

Endnote 7—Misdescribed amendments

Endnote 8—Miscellaneous

If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.

Abbreviation key—Endnote 2

The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.

Uncommenced amendments—Endnote 5

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.

Modifications—Endnote 6

If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.

Misdescribed amendments—Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.

Miscellaneous—Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader of the compilation.

Endnote 2—Abbreviation key

ad = added or inserted	pres = present
am = amended	prev = previous
c = clause(s)	(prev) = previously
Ch = Chapter(s)	Pt = Part(s)
def = definition(s)	r = regulation(s)/rule(s)
Dict = Dictionary	Reg = Regulation/Regulations
disallowed = disallowed by Parliament	reloc = relocated
Div = Division(s)	renum = renumbered
exp = expired or ceased to have effect	rep = repealed
hdg = heading(s)	rs = repealed and substituted
LI = Legislative Instrument	s = section(s)
LIA = Legislative Instruments Act 2003	Sch = Schedule(s)
mod = modified/modification	Sdiv = Subdivision(s)
No = Number(s)	SLI = Select Legislative Instrument
o = order(s)	SR = Statutory Rules
Ord = Ordinance	Sub-Ch = Sub-Chapter(s)
orig = original	SubPt = Subpart(s)
par = paragraph(s)/subparagraph(s) /sub-subparagraph(s)

Endnote 3—Legislation history

Name	FRLI registration or gazettal	Commencement	Application, saving and transitional provisions
Information Principles 1997	29 Sept 1997 (see Gazette 1997, No. S380)	1 Oct 1997
Information Amendment Principles 2000 (No. 1)	13 Sept 2000 (see Gazette 2000, No. GN36)	13 Sept 2000	—
Information Amendment Principles 2002 (No. 1)	3 July 2002 (see Gazette 2002, No. GN26)	3 July 2002	—
Information Amendment Principles 2003 (No. 1)	26 Nov 2003 (see Gazette 2003, No. GN47)	26 Nov 2003	—
Information Amendment Principles 2007 (No. 1)	1 May 2007 (see F2007L01120)	1 May 2007	—
Information Amendment Principles 2008 (No. 1)	19 Mar 2008 (see F2008L00900)	20 Mar 2008	—
Information Amendment Principles 2011 (No. 1)	19 May 2011 (see F2011L00823)	20 May 2011 (see s. 2)	—
Information Amendment (AIHW) Principle 2013	28 June 2013 (see F2011L01195)	1 July 2013	—
Information Amendment (Quality Agency) Principle 2013	23 Dec 2013 (see F2013L02183)	1 Jan 2014	—

Endnote 4—Amendment history

Provision affected	How affected
s. 16.3...............................	am. No. 1, 2000
s 16.4................................	am F2013L02183
s. 16.5...............................	rs. No. 1, 2000
am. No. 1, 2002; No. 1, 2003; No. 1, 2007; No. 1, 2008; No. 1, 2011; F2013L01195 and F2013L02183
Note to s 16.5(1)(c)..........	rep F2013L02183
First boxed note to s. 16.5	am. No. 1, 2000
rep. No. 1, 2008
Second boxed note to s. 16.5...............................	am. No. 1, 2000; No. 1, 2007
rep. No. 1, 2008
Boxed note to s. 16.5........	ad. No. 1, 2008
rep F2013L02183

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]