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.
16.4 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]