Information Principles 1997

Administered by Department of Social Services

Legislation au F1998B00263 Not in force Legislative Instrument

Legislation content

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

16.2 Commencement

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

16.4 Definitions

16.5 Disclosure of protected information

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments  [none]

Endnote 8—Miscellaneous [none]

 

 

 

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]

 

 

 

Overview

The Information Principles 1997, enacted under the Aged Care Act 1997, were introduced to address the need for a structured framework governing the disclosure of protected information related to aged care recipients. This legislative instrument was established to ensure that sensitive information is shared appropriately among relevant authorities for specific purposes while maintaining the privacy and confidentiality of individuals receiving aged care services. The principles were formulated by the Australian Parliament, with the objective of clearly delineating the circumstances under which protected information may be disclosed, thereby promoting transparency and accountability in the aged care sector. The principles outline the authorised recipients and permissible purposes for disclosure, aiming to balance the need for information sharing with the imperative to protect personal information.

Scope and Application

The Information Principles 1997, made under the Aged Care Act 1997, came into effect on 1 October 1997. These Principles outline the circumstances under which the Secretary is authorised to disclose protected information, which is defined by section 86-1 of the Aged Care Act 1997. The Principles specify that the Secretary may disclose such information to various entities for particular purposes, including to government departments for rent assistance calculations, to the Australian Aged Care Quality Agency, the Aged Care Commissioner, and the Aged Care Pricing Commissioner, as well as to relevant authorities for fire safety functions and the Australian Institute of Health and Welfare, subject to their own information protection provisions. The disclosure of this information must strictly adhere to the purposes for which it is provided, as per section 86-5 of the Act. The Principles have been amended several times, with the most recent amendments taking effect in 2013, and these amendments are detailed in the endnotes of the compilation. The geographic reach of these Principles is national, aligning with the scope of the Aged Care Act 1997, which applies across Australia.

Key Provisions

The Information Principles 1997, as amended and compiled on 1 January 2014, outline the specific circumstances under which the Secretary may disclose protected information under the Aged Care Act 1997. These Principles serve to specify the categories of individuals or entities to whom such information may be disclosed and the purposes for which it can be shared (section 16.3). These principles commenced on 1 October 1997 (section 16.2). The definitions provided in section 16.4 clarify terms such as "Act," "protected information," and "Quality Agency," which are crucial for interpreting the provisions of these principles (section 16.4). The obligations imposed by these Principles on the parties or entities they govern primarily revolve around the responsible handling and disclosure of protected information. For example, the Secretary must ensure that any disclosure of protected information is strictly for the specified purposes outlined in the Principles (section 16.5). Additionally, any recipient of such information is legally bound to use it solely for the purpose for which it was disclosed and must not record, disclose, or otherwise use it for any other purpose (Act, section 86-5). Failure to comply with these provisions can result in various civil and criminal consequences. The Act itself may specify penalties for improper disclosure or use of protected information. Typically, penalties for breaching these provisions can include fines, which may vary depending on the severity of the breach. In criminal cases, the penalties could include imprisonment terms, as stipulated by relevant sections of the Act. These consequences underscore the importance of adhering to the strict guidelines set forth in the Information Principles 1997.

Legal classification tags

Area of Law
Privacy Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Disclosure of protected information
Reporting & Disclosure Obligations

Interactions

Authorises

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.