Aged Care and Other Legislation Amendment Act 2025 (45 of 2025)

Schedule 2   Amendment of the Aged Care (Consequential and Transitional Provisions) Act 2024

Part 1   Amendments commencing immediately after transition time

Aged Care (Consequential and Transitional Provisions) Act 2024

24   After item 52 of Schedule 2

Insert:

52A Public interest certificates and determinations

(1) A certificate issued by the Secretary under paragraph 86-3(1)(a) of the old Act that is in force immediately before the transition time continues in force (and may be dealt with) after the transition time as if it were a determination made by the System Governor under subsection 539(10) of the new Act.

(2) A determination made by the Commissioner under paragraph 61(1)(a) of the Commission Act that is in force immediately before the transition time continues in force (and may be dealt with) after the transition time as if it were a determination made by an Appointed Commissioner under subsection 539(11) of the new Act.

52B Modification of provision relating to unauthorised use or disclosure of protected information

(1) For the purposes of applying subsection 535(2) of the new Act after the transition time, in relation to protected information disclosed to a person before that time, the operation of paragraph 535(2)(d) of that Act is modified as if it included a reference to the disclosure of the information to the person being authorised by or under any of the following provisions:

(a) section 86-3, 86-4 or 86-4A of the old Act;

(b) section 61 of the Commission Act.

(2) For the purposes of applying subsection 535(2) of the new Act after the transition time, in relation to protected information disclosed to a person before that time, paragraph 535(2)(e) of the new Act is to be disregarded.