CHAPTER 6
-
ADMINISTRATION
PART 6-8
-
DISCLOSURE OF INFORMATION
Division 323
-
Disclosure of information
SECTION 323-1
PROHIBITION ON DISCLOSURE OF PROTECTED INFORMATION
Offence
323-1(1)
A person commits an offence if:
(a)
the person has, or has at any time had, a duty, function or power (other than an
*
APRA private health insurance duty, function or power) under this Act; and
(b)
the person
*
uses or
*
discloses information; and
(c)
the information is
*
protected information.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
323-1(2)
Subsection
(1)
does not apply if the
*
use or
*
disclosure is:
(a)
required or authorised under a provision of this Act; or
(b)
otherwise required or authorised under an Australian law.
Note 1:
The defendant bears an evidential burden in relation to the matter in this subsection. See subsection
13.3(3)
of the
Criminal Code
.
Note 2:
Provisions of this Act that authorise the use or disclosure of information include sections
323-5
,
323-10
,
323-15
,
323-20
,
323-30
,
323-33
,
323-35
,
324-5
and
324-10
.
Meaning of APRA private health insurance duty, function or power
323-1(3)
An
APRA private health insurance duty, function or power
is a duty, function or power of
*
APRA, or that a person has in the person
'
s capacity as an officer (within the meaning of section
56
of the
Australian Prudential Regulation Authority Act 1998
), under any of the following:
(a)
this Act;
(b)
the
Private Health Insurance (Prudential Supervision) Act 2015
;
(c)
the
Financial Institutions Supervisory Levies Collection Act 1998
, as that Act applies in relation to levies imposed on private health insurers;
(d)
the
Financial Sector (Collection of Data) Act 2001
, as that Act applies in relation to private health insurers.
Note:
The disclosure of information regime for information obtained under APRA private health insurance duties, functions and powers is Part
6
of the
Australian Prudential Regulation Authority Act 1998
(rather than this Division).
Meaning of protected information
323-1(4)
Information is
protected information
if the information:
(a)
relates to a person (including a deceased person) other than the person who obtained or generated the information; and
(b)
either:
(i)
is obtained or generated by a person in the course of performing or exercising a duty, function or power under this Act (other than an
*
APRA private health insurance duty, function or power); or
(ii)
was information to which subparagraph (i) applied and is obtained by a person by way of a
*
disclosure under section
323-10
,
323-15
or
323-20
.
History
S 323-1 substituted by No 90 of 2026, s 3 and Sch 1 item 6, effective 19 September 2026. For application and transitional provisions, see note under s
323-23
. S 323-1 formerly read:
SECTION 323-1 PROHIBITION ON DISCLOSURE OF INFORMATION
323-1(1)
A person commits an offence if:
(a)
the person has, or has at any time had, a duty, function or power under this Act; and
(aa)
the duty, function or power is not an
[ast_1]
To find definitions of asterisked terms, see the Dictionary in Schedule 1.
APRA private health insurance duty, function or power; and
(b)
the person discloses information to another person; and
(c)
the information is
[ast_1]
To find definitions of asterisked terms, see the Dictionary in Schedule 1.
protected information; and
(d)
the disclosure is not an
[ast_1]
To find definitions of asterisked terms, see the Dictionary in Schedule 1.
authorised disclosure.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
History
S 323-1(1) amended by No 87 of 2015, s 3 and Sch 1 item 148, by inserting para (aa), effective 1 July 2015. For transitional provisions, see note under s
3-15
.
323-1(1A)
An
APRA private health insurance duty, function or power
is a duty, function or power of
[ast_1]
To find definitions of asterisked terms, see the Dictionary in Schedule 1.
APRA, or that a person has in the person
'
s capacity as an officer (within the meaning of section 56 of the
Australian Prudential Regulation Authority Act 1998
), under any of the following:
(a)
this Act;
(b)
the
Private Health Insurance (Prudential Supervision) Act 2015
;
(c)
the
Financial Institutions Supervisory Levies Collection Act 1998
, as that Act applies in relation to levies imposed on private health insurers;
(d)
the
Financial Sector (Collection of Data) Act 2001
, as that Act applies in relation to private health insurers.
Note:
The disclosure of information regime for information obtained under APRA private health insurance duties, functions and powers is Part 6 of the
Australian Prudential Regulation Authority Act 1998
(rather than this Division).
History
S 323-1(1A) inserted by No 87 of 2015, s 3 and Sch 1 item 149, effective 1 July 2015. For transitional provisions, see note under s
3-15
.
323-1(2)
Information is
protected information
if the information:
(a)
either:
(i)
is obtained by a person in the course of performing or exercising a duty, function or power under this Act, other than an
[ast_1]
To find definitions of asterisked terms, see the Dictionary in Schedule 1.
APRA private health insurance duty, function or power; or
(ii)
was information to which subparagraph (i) applied and is obtained by a person by way of an
[ast_1]
To find definitions of asterisked terms, see the Dictionary in Schedule 1.
authorised disclosure under section 323-10, 323-15 or 323-20; and
(b)
relates to a person other than the person who obtained it.
History
S 323-1(2) amended by No 87 of 2015, s 3 and Sch 1 item 150, by substituting
"
performing or exercising a duty, function or power under this Act, other than an
*
APRA private health insurance duty, function or power
"
for
"
performing duties or functions, or exercising powers, under this Act
"
in para (a)(i), effective 1 July 2015. For transitional provisions, see note under s
3-15
.
323-1(3)
A disclosure of information is an
authorised disclosure
if the disclosure is one that the person may make under section 323-5, 323-10, 323-15, 323-20, 323-25 or 323-30.
History
S 323-1(3) amended by No 87 of 2015, s 3 and Sch 1 item 151, by substituting
"
or 323-30
"
for
"
, 323-30 or 323-35
"
, effective 1 July 2015. For transitional provisions, see note under s
3-15
.
Note:
A disclosure in accordance with subsection 132D(1) of the
National Health Act 1953
is also taken to be an
authorised disclosure
for the purposes of this section: see subsection 132D(3) of the
National Health Act 1953
.
S 323-1 inserted by No 121 of 2019, s 3 and Sch 1 item 8, by inserting the note, effective 13 December 2019.
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