Information Principles 2014 (Cth)

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Information Principles 2014

made under section 96–1 of the

Aged Care Act 1997

Compilation No. 3

Compilation date:   15 March 2019

Includes amendments up to:            F2019L00288

Registered:   19 March 2019

About this compilation

This compilation

This is a compilation of the Information Principles 2014 that shows the text of the law as amended and in force on 15 March 2019 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

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

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Preliminary  1

1............ Name of principles........................................................................................................ 1

3............ Authority....................................................................................................................... 1

4............ Definitions..................................................................................................................... 1

Part 2—Disclosure of protected information by Secretary  2

5............ Purpose of this Part....................................................................................................... 2

6............ Disclosure of protected information by Secretary.......................................................... 2

Part 3Information about an aged care service  3

7............ Purpose of this Part....................................................................................................... 3

8............ Information about an aged care service.......................................................................... 3

Endnotes4

Endnote 1—About the endnotes  4

Endnote 2—Abbreviation key  5

Endnote 3—Legislation history  6

Endnote 4—Amendment history  7

Part 1—Preliminary

1  Name of principles

These principles are the Information Principles 2014.

3  Authority

These principles are made under section 96–1 of the Aged Care Act 1997.

4  Definitions

In these principles:

Act means the Aged Care Act 1997.

relevant State or Territory 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.

Part 2—Disclosure of protected information by Secretary

5  Purpose of this Part

For paragraph 86‑3(1)(j) of the Act, this Part specifies:

(a)  kinds of persons to whom the Secretary may disclose protected information; and

(b)  the purposes for which the information may be disclosed.

Note:          Protected information has the meaning given by section 86‑1 of the Act.

6  Disclosure of protected information by Secretary

The Secretary may disclose protected information:

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

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

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

(f)  to the Director 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).

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 was disclosed (see section 86‑5 of the Act).

Part 3Information about an aged care service

7  Purpose of this Part

For the purposes of paragraph 86‑9(1)(m) of the Act, this Part specifies information about an aged care service that the Secretary may make publicly available.

8  Information about an aged care service

The information is the following:

(a)  information given to the Secretary under Division 2A of Part 3 of the User Rights Principles 2014 (home care pricing information);

(b)  information given to the Secretary under section 21J of the User Rights Principles 2014 (home care exit amounts).

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key 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 (or will amend) the compiled law. The information includes commencement details for amending laws and details of any 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 (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted o = order(s)
am = amended Ord = Ordinance
amdt = amendment orig = original
c = clause(s) par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x     /sub‑subparagraph(s)
Ch = Chapter(s) pres = present
def = definition(s) prev = previous
Dict = Dictionary (prev…) = previously
disallowed = disallowed by Parliament Pt = Part(s)
Div = Division(s) r = regulation(s)/rule(s)
ed = editorial change reloc = relocated
exp = expires/expired or ceases/ceased to have renum = renumbered
    effect rep = repealed
F = Federal Register of Legislation rs = repealed and substituted
gaz = gazette s = section(s)/subsection(s)
LA = Legislation Act 2003 Sch = Schedule(s)
LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given SLI = Select Legislative Instrument
    effect SR = Statutory Rules
(md not incorp) = misdescribed amendment Sub‑Ch = Sub‑Chapter(s)
    cannot be given effect SubPt = Subpart(s)
mod = modified/modification underlining = whole or part not
No. = Number(s)     commenced or to be commenced

Endnote 3—Legislation history

Name Registration Commencement Application, saving and transitional provisions
Information Principles 2014 24 June 2014 (F2014L0800) 1 July 2014
Aged Care Legislation Amendment (Independent Complaints Arrangements) Principle 2015 24 Dec 2015 (F2015L02122) Sch 1 (items 8–14):
1 Jan 2016 (s 2(1)
item 1)
Aged Care Quality and Safety Commission (Consequential Amendments) Rules 2018 24 Dec 2018 (F2018L01840) Sch 1 (items 4–6): 1 Jan 2019 (s 2(1) item 1)
Aged Care Legislation Amendment (Comparability of Home Care Pricing Information) Principles 2019 14 Mar 2019 (F2019L00288) Sch 1 (item 1): 15 Mar 2019 (s 2(1) item 2)

Endnote 4—Amendment history

Provision affected How affected
Part 1
Part 1 heading........................... ad F2015L02122
s 2............................................. rep LIA s 48D
s 4............................................. am F2018L01840
Part 2
Part 2 heading........................... ad F2015L02122
s 5............................................. am F2015L02122
s 6............................................. am F2015L02122; F2018L01840
Part 3
Part 3........................................ ad F2015L02122
rep F2018L01840
ad F2019L00288
s 7............................................. ad F2015L02122
rep F2018L01840
ad F2019L00288
s 8............................................. ad F2015L02122
rep F2018L01840
ad F2019L00288
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