PART 6
-
PROVISIONS RELATING TO INFORMATION
Division 2
-
Confidentiality
SECTION 162
Permitted obtaining of, making a record of, disclosure of or use of protected information
162(1)
A person may obtain protected information if the information is obtained for the purposes of:
(a)
the family assistance law; or
(aa)
the
Dental Benefits Act 2008
; or
(b)
the Family Homelessness Prevention and Early Intervention Pilot; or
(c)
the Early Education Service Delivery Prices Project.
Note:
For an example of obtaining protected information for the purposes of the family assistance law, see section
162A
.
History
S 162(1) amended by No 74 of 2025, s 3 and Sch 2 item 2, by inserting para (c), effective 5 December 2025. For application provisions, see note under
Pt 8A Div 3A
heading.
S 162(1) amended by No 17 of 2020, s 3 and Sch 1 item 76, by inserting the note, effective 7 December 2020.
S 162(1) amended by No 125 of 2019, s 3 and Sch 1 items 63 and 64, by substituting
"
Pilot.
"
for
"
Pilot; or
"
in para (b) and repealing para (c), effective 16 December 2019. Para (c) formerly read:
(c)
the Child Care Management System Pilot.
S 162(1) amended by No 42 of 2008, s 3 and Sch 1 item 2, by inserting para (aa), effective 26 June 2008.
S 162(1) amended by No 118 of 2007, s 3 and Sch 1 item 65, by substituting all the words after
"
obtained
"
, effective 29 June 2007. For application and transitional provisions see note under Pt
8A
heading. The words formerly read:
for the purposes of the family assistance law or the Family Homelessness Prevention and Early Intervention Pilot.
S 162(1) amended by No 35 of 2003, s 3 and Sch 7 item 4, by inserting
"
or of the Family Homelessness Prevention and Early Intervention Pilot
"
at the end, effective 24 April 2003.
162(2)
A person may:
(a)
make a record of protected information; or
(b)
disclose such information to any person; or
(c)
otherwise use such information;
if the record, disclosure or use made of the information by the person is made:
(d)
for the purposes of the family assistance law; or
(daa)
for the purposes of the
Dental Benefits Act 2008
; or
(dab)
for the purposes of the social security law; or
(dac)
for the purposes of the
Paid Parental Leave Act 2010
; or
(dad)
for the purposes of the
Student Assistance Act 1973
; or
(dae)
for the purposes of the Education and Care Services National Law; or
(daf)
for the purposes of:
(i)
the
Child Support (Assessment) Act 1989
; or
(ii)
the
Child Support (Registration and Collection) Act 1988
; or
(dag)
for the purposes of a centrelink program; or
(dah)
for the purposes of a medicare program; or
(da)
for the purpose of the Family Homelessness Prevention and Early Intervention Pilot; or
(db)
for the purposes of the Early Education Service Delivery Prices Project; or
(e)
for the purpose for which the information was disclosed to the person under section
167
or
168
; or
(f)
with the express or implied authorisation of the person to whom the information relates.
[
CCH Note:
No 79 of 2011, s 3 and Sch 4 item 4, inserts the same para (f) that was inserted by No 32 of 2011, s 3 and Sch 4 item 655.]
Note:
For an example of a disclosure of, making a record of or the use of protected information for the purposes of the family assistance law, see section
162A
.
History
S 162(2) amended by No 73 of 2025, s 3 and Sch 1 item 78, by inserting para (daf) to (dah), applicable in relation to the recording, use or disclosure (however described) of information that occurs on or after 5 December 2025, whether the information was obtained or generated before, on or after 5 December 2025.
S 162(2) amended by No 74 of 2025, s 3 and Sch 2 item 3, by inserting para (db), effective 5 December 2025. For application provisions, see note under
Pt 8A Div 3A
heading.
S 162(2) amended by No 17 of 2020, s 3 and Sch 1 item 77, by inserting the note, effective 7 December 2020.
S 162(2) amended by No 125 of 2019, s 3 and Sch 1 item 64, by repealing para (db), effective 16 December 2019. Para (db) formerly read:
(db)
for the purposes of the Child Care Management System Pilot; or
S 162(2) amended by No 125 of 2019, s 3 and Sch 2 item 12, by substituting para (dae), effective 13 December 2019. Para (dae) formerly read:
(dae)
the Education and Care Services National Law of a jurisdiction; or
S 162(2) amended by No 22 of 2017, s 3 and Sch 1 item 191, by inserting para (dae), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading.
S 162(2) amended by No 32 of 2011, s 3 and Sch 4 item 655, by inserting para (f), effective 1 July 2011. For transitional provisions see note under s
108(2)
.
S 162(2) amended by No 32 of 2011, s 3 and Sch 4 item 41A, by inserting paras (dab) to (dad), effective 1 July 2011. For transitional provisions see note under s
108(2)
.
S 162(2) amended by No 42 of 2008, s 3 and Sch 1 item 3, by inserting para (daa), effective 26 June 2008.
S 162(2) amended by No 118 of 2007, s 3 and Sch 1 item 66, by inserting para (db), effective 29 June 2007. For application and transitional provisions see note under Pt
8A
heading.
S 162(2) amended by No 35 of 2003, s 3 and Sch 7 item 5, by inserting para (da), effective 24 April 2003.
162(2AA)
A person may:
(a)
make a record of protected information; or
(b)
disclose such information to any person; or
(c)
otherwise use such information;
if the Secretary reasonably believes that the record, disclosure or use made of the information is reasonably necessary for one or more of the following purposes:
(d)
research, monitoring, evaluation or reporting of matters of relevance to a Department that is administering any part of the family assistance law;
(e)
statistical analysis of matters of relevance to a Department that is administering any part of the family assistance law;
(f)
policy development of matters of relevance to a Department that is administering any part of the family assistance law.
History
S 162(2AA) inserted by No 74 of 2025, s 3 and Sch 2 item 9, applicable in relation to the use or disclosure (however described) of information that occurs on or after 5 December 2025, whether the information was obtained or generated before, on or after 5 December 2025.
162(2AB)
A person may:
(a)
make a record of protected information; or
(b)
disclose such information to any person; or
(c)
otherwise use such information;
if the information:
(d)
has already been lawfully made available to the public; and
(e)
is in relation to:
(i)
an approved provider; or
(ii)
a provider who is no longer approved or whose approval is suspended; or
(iii)
a child care service of a provider mentioned in subparagraph
(i)
or
(ii)
(whether or not the provider currently operates the service).
Note:
Subparagraph
(e)(iii)
includes services in respect of which the provider is approved or operates (see subsection
3(6)
).
History
S 162(2AB) inserted by No 74 of 2025, s 3 and Sch 2 item 9, applicable in relation to the use or disclosure (however described) of information that occurs on or after 5 December 2025, whether the information was obtained or generated before, on or after 5 December 2025.
162(2A)
A person may use protected information to produce information in an aggregated form that does not disclose, either directly or indirectly, information about a particular person.
History
S 162(2A) inserted by No 47 of 2016, s 3 and Sch 5 item 1, applicable in relation to protected information obtained before, on or after 6 May 2016.
162(2B)
If the protected information is in relation to:
(a)
an approved provider; or
(b)
a provider who is no longer approved or whose approval is suspended; or
(c)
a child care service of a provider mentioned in paragraph
(a)
or
(b)
(whether or not the provider currently operates the service);
a person may:
(d)
use protected information to produce information in an aggregated form that does not directly identify a particular approved provider or a particular child care service of a particular approved provider; or
(e)
disclose to any person protected information in an aggregated form that does not directly identify a particular approved provider or a particular child care service of a particular approved provider.
Note:
Paragraph
(c)
includes services in respect of which the provider is approved or operates (see subsection 3(6)).
History
S 162(2B) inserted by No 74 of 2025, s 3 and Sch 2 item 10, applicable in relation to the use or disclosure (however described) of information that occurs on or after 5 December 2025, whether the information was obtained or generated before, on or after 5 December 2025.
162(3)
The Minister may, by legislative instrument, specify additional purposes relating to other programs administered by the Department for which protected information may be obtained under subsection (1), or recorded, disclosed or otherwise used under subsection (2).
History
S 162(3) amended by No 108 of 2006, s 3 and Sch 8 item 55, by substituting
"
by legislative instrument
"
for
"
by instrument in writing
"
, effective 27 September 2006.
S 162(3) inserted by No 35 of 2003, s 3 and Sch 7 item 6, effective 24 April 2003.
162(4)
(Repealed by No 108 of 2006)
History
S 162(4) repealed by No 108 of 2006, s 3 and Sch 8 item 56, effective 27 September 2006. S 162(4) formerly read:
162(4)
An instrument under subsection (3) is a disallowable instrument for the purposes of section 46A of the
Acts Interpretation Act 1901
.
S 162(4) inserted by No 35 of 2003, s 3 and Sch 7 item 6, effective 24 April 2003.
162(5)
An instrument under subsection (3) does not take effect until the end of the period in which it could be disallowed in either House of the Parliament.
History
S 162(5) amended by No 108 of 2006, s 3 and Sch 8 item 57, by substituting
"
An instrument under subsection (3)
"
for
"
For the purposes of the application of section 48 of the
Acts Interpretation Act 1901
, an instrument
"
, effective 27 September 2006.
S 162(5) inserted by No 35 of 2003, s 3 and Sch 7 item 6, effective 24 April 2003.
162(6)
Subsections
(1)
,
(2)
,
(2AA)
,
(2AB)
,
(2A)
and
(2B)
do not limit each other.
History
S 162(6) inserted by No 74 of 2025, s 3 and Sch 2 item 11, applicable in relation to the use or disclosure (however described) of information that occurs on or after 5 December 2025, whether the information was obtained or generated before, on or after 5 December 2025.
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