Information Amendment Principles 2003 (No. 1)

Overview

The Information Amendment Principles 2003 (No. 1), enacted on 12 November 2003 by Julie Isabel Bishop, Minister for Ageing, were introduced to address the need for amendments to the existing Information Principles 1997. This legislative instrument was made under the authority of subsection 96-1(1) of the Aged Care Act 1997. The primary objective of these principles is to enhance the disclosure of information related to fire safety to relevant authorities, ensuring that such information can be effectively used to perform functions related to fire safety under state or territory laws. The principles came into effect upon gazettal, reflecting the urgency and importance of ensuring that fire safety information is appropriately shared with the authorities responsible for managing such risks. These principles specifically amend the Information Principles 1997 to allow for the disclosure of protected information to the chief executive officer of a relevant authority if the information pertains to fire safety. This amendment is intended to facilitate better coordination and response to fire safety issues by enabling relevant authorities to access necessary information without unnecessary restrictions. By clarifying and expanding the categories of information that can be disclosed, the Information Amendment Principles 2003 (No. 1) aim to improve the overall safety and regulatory framework within the aged care sector.

Scope and Application

The Information Amendment Principles 2003 (No. 1) applies to the Secretary of the Department of Health and Ageing and other entities as specified in the amended Information Principles 1997. The principles primarily govern the handling of protected information, particularly in relation to fire safety, and the disclosure of such information to relevant authorities to assist in their functions. The geographic and jurisdictional reach of these principles is national, as they pertain to authorities in states and territories of Australia. The principles do not explicitly state exclusions or exemptions, but they do impose strict conditions on the use and disclosure of protected information, with a requirement that it must not be recorded, disclosed, or otherwise used except for the specific purpose for which it is provided. The application of these principles can be further defined or extended through subordinate instruments, as authorised by the Aged Care Act 1997.

Key Provisions

The Information Amendment Principles 2003 (No. 1) amend the Information Principles 1997. The primary changes occur in Section 16.5, where the Secretary is tasked with the responsibility of handling specific types of information (section 16.5(1)). Additionally, the term "Accreditation Grant Principles 1999" is substituted with "Accreditation Grant Principles 1999; or" (section 16.5(2)). The amendment also introduces a new paragraph (d) to Section 16.5, allowing the disclosure of information related to fire safety to the chief executive officer of a relevant authority, defined as an authority of a State or Territory that has functions under its laws relating to fire safety (section 16.5(2)(d)). These amendments impose obligations on the Secretary and other relevant authorities. The Secretary is now responsible for managing the disclosure of specific information types as outlined in the amended sections. Furthermore, relevant authorities are granted access to information concerning fire safety for the purpose of performing their functions. This access is intended to assist these authorities in fulfilling their roles under state and territory laws. The Information Amendment Principles 2003 (No. 1) also impose certain requirements on the parties involved. For instance, any person to whom protected information is disclosed must not record, disclose, or otherwise use the information except for the purpose for which it was disclosed. This requirement is intended to maintain the confidentiality and integrity of the information provided. There are potential civil and criminal consequences for breaches of the Information Amendment Principles 2003 (No. 1). Under the Aged Care Act 1997, anyone who improperly discloses protected information may face penalties. The specific penalties are not detailed in the legislative instrument but could include fines and other legal actions as outlined in the Act. Compliance with these provisions is critical to avoid legal repercussions.