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Information Principles 2014

Authoritative Version
  • - F2016C00051
  • In force - Superseded Version
  • View Series
Principles as amended, taking into account amendments up to Aged Care Legislation Amendment (Independent Complaints Arrangements) Principle 2015
These principles specify the people to whom the Secretary of the Department of Social Services (the Secretary) may disclose protected information, and for what purposes the information can be disclosed.
Administered by: Health
Registered 08 Jan 2016
Start Date 01 Jan 2016
End Date 31 Dec 2018

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 (www.comlaw.gov.au). 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

Endnotes                                                                                                                                                                 4

Endnote 1—About the endnotes                                                                                                        4

Endnote 2—Abbreviation key                                                                                                            5

Endnote 3—Legislation history                                                                                                         6

Endnote 4—Amendment history                                                                                                       7

 


Part 1Preliminary

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 2Disclosure 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 3Disclosure 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