Information Amendment Principles 2000 (No. 1)

Overview

The Information Amendment Principles 2000 (No. 1) were introduced to amend the existing Information Principles 1997, which were part of the Aged Care Act 1997. These principles were enacted to address the need for flexibility and efficiency in the disclosure of protected information, particularly in relation to the coordination of benefits and services across different government departments. These Principles were made by Bronwyn Kathleen Bishop, the Minister for Aged Care, under subsection 96-1 (1) of the Aged Care Act 1997. The policy objective is to facilitate better integration and service delivery by allowing specific authorised officers to disclose protected information to certain entities, such as the Department of Family and Community Services and the Department of Veterans’ Affairs, for the purpose of determining rent assistance payments. The primary goal is to ensure that relevant agencies can effectively collaborate to support individuals receiving aged care services.

Scope and Application

The Information Amendment Principles 2000 (No. 1) apply to the Secretary of the Department of Health and Aged Care and other specified entities as outlined in the Aged Care Act 1997. These principles specifically govern the disclosure of protected information, which is information collected under the Act, to particular bodies for specific purposes. The geographic reach of these principles is national, as they are part of Commonwealth legislation. The principles allow for the disclosure of protected information to the Secretary of the Department of Family and Community Services for determining rent assistance under the Social Security Act 1991, to the Repatriation Commission and the Secretary of the Department of Veterans’ Affairs for similar purposes under the Veterans’ Entitlements Act 1986, and to the general manager of the accreditation body to assist in performing functions under the Accreditation Grant Principles 1999. Notably, these principles exclude certain mentions of dependant children and correct a reference from the Department of Social Security to the Department of Family and Community Services. The application of these principles can be further extended or restricted through subordinate instruments as necessary.

Key Provisions

The Information Amendment Principles 2000 (No. 1) outline specific provisions regarding the disclosure of protected information under the Aged Care Act 1997. These principles, made by the Minister for Aged Care, Bronwyn Kathleen Bishop, provide a framework for the authorised disclosure of sensitive information, particularly in relation to rent assistance calculations for individuals. The key sections of the Principles are detailed in the Schedule, with Section 16.5 being particularly significant (Section 3). This section allows the Secretary to disclose protected information to various government entities to determine rent assistance payments for individuals under the Social Security Act 1991, the Veterans’ Entitlements Act 1986, and to assist the general manager of an accreditation body under the Accreditation Grant Principles 1999 (Section 16.5). Additionally, minor amendments to the Information Principles 1997 are made, such as correcting a typographical error in Section 16.5, where 'dependant children' is amended to 'dependent children' (Section 16.5, first boxed note, second dot point). The obligations imposed by the Information Amendment Principles 2000 (No. 1) require the Secretary to ensure that protected information is disclosed only for the purposes outlined in the Principles. This includes disclosing information to the Secretary of the Department of Family and Community Services for calculating rent assistance under the Social Security Act 1991, to the Repatriation Commission and the Secretary of the Department of Veterans’ Affairs for assessing rent assistance under the Veterans’ Entitlements Act 1986, and to the general manager of the accreditation body for performing its functions under the Accreditation Grant Principles 1999 (Section 16.5). These obligations are critical to ensure that the disclosure of protected information adheres strictly to the specified purposes and entities. Breaches of the Information Amendment Principles 2000 (No. 1) can lead to significant consequences. Although the specific offences, penalties, or consequences for breaches are not detailed in the provided text, under Australian law, unauthorised disclosure of personal information can result in civil and criminal penalties. The penalties for such breaches can include substantial fines and imprisonment, depending on the severity and intent of the breach. The maximum penalties for offences under the Privacy Act 1988, for instance, can reach up to $2.1 million for corporations and up to 10 years imprisonment for individuals, reflecting the seriousness of mishandling protected information. The Information Amendment Principles 2000 (No. 1) aim to prevent such breaches by clearly defining the permissible uses of protected information and the entities to which it can be disclosed.