Commonwealth Numbered Acts

Health Legislation Amendment Act 1982 No. 49 of 1982 - SECT 37

37. Section 130 of the Principal Act is amended-

(a) by omitting from sub-section (3) ''an officer'' and substituting ''the
Permanent Head'';

   (b)  by omitting from paragraph (3) (a) ''that it is necessary in the
        public interest that any information acquired by the officer'' and
        substituting '', by instrument in writing, that it is necessary in the
        public interest that any information acquired by an officer'';

(c) by inserting in sub-section (5) ''the preceding provisions of'' after
''Nothing in''; and

   (d)  by omitting sub-section (6) and substituting the following
        sub-sections:

''(6) Notwithstanding anything contained in sub-sections (1) and (2), where-

   (a)  a person has been convicted of-

        (i)    an offence against section 129, 129AA or 129AAA of this Act; or

        (ii)   an offence against-

                (A)  section 6, 7 or 7A of the Crimes Act 1914; or

                (B)  sub-section 86 (1) of that Act by virtue of paragraph (a)
                     of that sub-section,

being an offence that relates to an offence referred to in sub-paragraph (i);
or

   (b)  an order has been made in relation to a person under section 19B of
        the Crimes Act 1914 in relation to an offence referred to in
        sub-paragraph (a) (i) or (ii),

the Permanent Head may divulge any information acquired by an officer in the
performance of his duties, or in the exercise of his powers or functions,
under this Act that concerns a matter referred to in paragraph (a) or (b) to-

   (c)  the Director-General of Social Services;

   (d)  the Secretary to the Department of Veterans' Affairs;

   (e)  a person or persons who, under a law of a State or Territory that
        provides for the registration or licensing of practitioners,
        optometrists or opticians, is, or are, empowered to take disciplinary
        action with respect to practitioners, optometrists or opticians or to
        investigate practitioners, optometrists or opticians in connection
        with the taking of such disciplinary action; or

   (f)  a director, secretary or employee of a registered organization who is
        authorized by the Permanent Head, by instrument in writing, for the
        purposes of this sub-section.

''(7) Notwithstanding anything contained in sub-section (1) or (2), where the
Minister, by instrument in writing, certifies that it is desirable for such of
the following purposes as he specifies in the certificate, that is to say-

   (a)  the administration of an Act administered by the Minister for Social
        Security;

   (b)  the administration of an Act administered by the Minister for
        Veterans' Affairs;

   (c)  the administration of a specified law of a State or Territory, being a
        law that provides for the registration or licensing of practitioners,
        optometrists or opticians; or

   (d)  the carrying on of the business of a specified registered organization
        or a registered organization included in a specified class of
        registered organizations,

that information of a kind referred to in the certificate, being information
acquired by an officer in the performance of his duties, or in the exercise of
his powers or functions, under this Act, should be divulged, the
Permanent Head may divulge information of that kind-

   (e)  if the certificate specifies a purpose of the kind referred to in
        paragraph (a)-to the Director-General of Social Services;

   (f)  if the certificate specifies a purpose of the kind referred to in
        paragraph (b)-to the Secretary to the Department of Veterans' Affairs;

   (g)  if the certificate specifies a purpose in relation to a specified law
        of the kind referred to in paragraph (c)-to the person or persons who,
        under that law, is, or are, empowered to take disciplinary action with
        respect to practitioners, optometrists or opticians or to investigate
        practitioners, optometrists or opticians in connection with the taking
        of such disciplinary action; or

   (h)  if the certificate specifies a purpose of the kind referred to in
        paragraph (d)-to a director, secretary or employee of each registered
        organization to which the certificate relates, being a director,
        secretary or employee who is authorized by the Permanent Head, by
        instrument in writing, for the purposes of this sub-section.

''(8) Information relating to the rendering of a professional service shall
not be divulged in pursuance of sub-section (6) or (7) in a manner that is
likely to enable the identification of the person to whom that service was
rendered unless-

   (a)  the person to whom that service was rendered is a person referred to
        in paragraph (6) (a) or (b); or

   (b)  the Minister certifies that he has reasonable grounds for suspecting
        that the person to whom that service was rendered has committed, or is
        committing, an offence of the kind referred to in sub-paragraph 6 (a)
        (i) or (ii).

''(9) A person to whom information is divulged under sub-section (6) or (7)
and any person or employee under the control of the first-mentioned person
shall not, directly or indirectly, except-

   (a)  in the case of the Director-General of Social Services or a person or
        employee under the control of the Director-General of Social
        Services-in the performance of his duties, or in the exercise of his
        powers or functions, under an Act administered by the Minister for
        Social Security;

   (b)  in the case of the Secretary to the Department of Veterans' Affairs or
        a person or employee under the control of the Secretary-in the
        performance of his duties, or in the exercise of his powers or
        functions, under an Act administered by the Minister for Veterans'
        Affairs;

   (c)  in the case of a person or persons referred to in paragraph (6) (e) or
        (7) (g) or a person or employee under the control of such a person or
        persons-in the performance of his duties, or in the exercise of his
        powers or functions, under the law referred to in that paragraph; or

   (d)  in the case of a director, secretary or employee of a registered
        organization or a person or employee under the control of such a
        person-in the performance of his duties, or in the exercise of his
        powers or functions in relation to the carrying on of the business of
        the organization,

and while he is, or after he ceases to be, such a person, make a record of, or
divulge or communicate to any person, any information so divulged.

Penalty: $500.

''(10) A person to whom information is divulged under sub-section (6) or (7)
or a person or employee under the control of the first-mentioned person shall
not, except in the performance of duties or the exercise of powers or
functions referred to in whichever of paragraphs (9) (a), (b), (c) and (d) is
applicable, be required-

   (a)  to produce in court any document that has come into his possession or
        under his control under sub-section (6) or (7); or

   (b)  to divulge or communicate to a court any matter or thing that has come
        under his notice under sub-section (6) or (7).

''(11) The powers conferred by sub-sections (6) and (7) are in addition to,
and not in derogation of, the powers conferred by sub-section (3).

''(12) The powers conferred by sub-section (6) are in addition to, and not in
derogation of, the powers conferred by sub-section (7).

''(13) Nothing in sub-section (3), (6) or (7) shall be taken to affect the
exception referred to in sub-section (1) or (2).

''(14) In this section, 'officer' means a person performing duties, or
exercising powers or functions, under, or in relation to, this Act.''.