The Act sets out circumstances where relevant information (including protected information) can be used or disclosed. These different circumstances set the authorisations to use or disclose relevant information.
[Chapter 7 – Part 2 – Division 2]
General authorisations
There are general authorisations which apply to anyone who handles relevant information under the aged care system. These authorisations allow someone to use or disclose relevant information:
- while performing functions or duties or exercising powers under the Act, or assisting someone who is
- to a body, such as a court or Royal Commission, that has the power to require the person provide documents or answer questions, in line with any limits on this authorisation – for example, cases where the person who the information is about needs to give their consent
- if required or authorised under other Australian laws
- to the person that the information is about, or for other purposes with their consent
- to the person or organisation that provided the information
- if the information is already public
- if necessary to reduce or prevent a serious threat to someone’s safety, health or wellbeing
- to a state or territory fire authority for the purpose of assisting the authority with their functions, if the information relates to fire safety
- for the reason the information was disclosed to someone – the Act explains where this should be de-identified
- for worker screening.
General authorisation in practice
An assessor is conducting a needs reassessment for a resident in an aged care home, after the older person has had a fall. The assessor gets information about the older person’s care needs, including their recent fall history, during the reassessment. This is relevant information because the assessor gets this information while using their powers under the Act – completing the needs reassessment.
The assessor can disclose information from the resident’s needs reassessment to the System Governor, because this is part of performing their duties under the Act.
The assessor’s employer wants to use information about this older person’s reassessment and fall history as a case study to recruit new assessors. The recruitment activity is not a function, duty or power under the Act, and therefore the information can’t be disclosed under the same authorisation as disclosing the information to the System Governor.
However, if the older person consents to share the information with the assessor’s employer for recruitment, then the information can be disclosed.
Entrusted persons
There are some authorisations to use and disclose information that only apply to certain people, who are called entrusted persons.
Entrusted persons are defined in the Act and include:
- the Minister for Aged Care and Seniors
- the System Governor, the Commissioner and the Complaints Commissioner
- people who work for the department or the Commission
- officials or staff from Services Australia or the Independent Health and Aged Care Pricing Authority
- other persons employed or engaged to provide certain services related to aged care.
As well as the general authorisations that apply to any person handling relevant information, entrusted persons are authorised to:
- disclose relevant information to the minister, for the purpose of the minister performing their functions – this information must be de-identified if possible
- use or disclose relevant information to provide or obtain a legal service
- use or disclose relevant information for the purpose of funded aged care services or other community, health or social services.
The System Governor and Commissioners
The System Governor, the Commissioner and the Complaints Commissioner have extra authorisations to use or disclose relevant information.
They can use or disclose relevant information to assist people and organisations to carry out their roles. For example:
- to the Chief Executive of Centrelink or Medicare for certain purposes
- to members of certain Australian Government bodies to support those bodies’ functions or duties or to exercise their powers
- to older people’s registered supporters, if the information is relevant to anything the supporter is required or permitted to do as a supporter
- to providers who are taking over funded aged care service delivery so they can properly deliver those services
- for research conducted on behalf of the Australian Government, but only if the research can’t be conducted with de-identified information
- where the use or disclosure is required for law enforcement and revenue protection
- to professional standards bodies to check its members are following the rules
- to coroners to carry out coronial processes
- where the use or disclosure is necessary in the public interest
- for the purpose of administering grants.
Extra authorisations in practice: System Governor
The System Governor engages an organisation to research how some parts of the aged care system are working. To do the research, the organisation needs relevant information, including information about registered providers, but not about identifiable individuals.
An officer of the department – who has been delegated this responsibility by the System Governor – de-identifies the information the organisation needs and shares it with them.
This is an authorised disclosure, as a delegate of the System Governor can disclose relevant information to a research organisation on behalf of the government. However, as the organisation doesn’t need personal information for their research, the information must be de-identified before disclosing it.
This means that the department can be informed by evidence-based research while respecting individual privacy.