Untitled document

Information Principles 2014

made under section 96–1 of the

Aged Care Act 1997

Compilation No. 1

Compilation date:    1 January 2016

Includes amendments up to:            F0215L02122

Registered:   8 January 2016

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 1 January 2016 (the compilation date).

This compilation was prepared on 8 January 2016.

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 ComLaw ( 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 ComLaw 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.

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 ComLaw 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 3—Disclosure of protected information by the Aged Care Complaints Commissioner    3

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

8............ Disclosure of protected information by Aged Care Complaints Commissioner............ 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.

Quality Agency means the Australian Aged Care Quality Agency established by the Australian Aged Care Quality Agency Act 2013.

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

(b) to the CEO of the Quality Agency, to assist the CEO to perform the functions mentioned in section 12 of the Australian Aged Care Quality Agency Act 2013; 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

(d)  to the Aged Care Complaints Commissioner, to assist the Aged Care Complaints Commissioner to perform his or her 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 3—Disclosure of protected information by the Aged Care Complaints Commissioner

7  Purpose of this Part

For paragraph 86‑3(2)(f) of the Act, this Part specifies:

(a)  kinds of persons to whom the Aged Care Complaints Commissioner 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.

8  Disclosure of protected information by Aged Care Complaints Commissioner

The Aged Care Complaints Commissioner may disclose protected information:

(a) to the CEO of the Quality Agency, to assist the CEO to perform the functions mentioned in section 12 of the Australian Aged Care Quality Agency Act 2013; or

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

(c)  to the Secretary, to assist the Secretary to perform his or her functions relating to aged care.

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).

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

Endnotes about misdescribed amendments and other matters are included in a compilation only as necessary.

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.

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

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

Endnote 3—Legislation history

Name	FRLI 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)	—

Endnote 4—Amendment history

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