Medical and Midwife Indemnity Legislation Amendment Act 2019 (105 of 2019)

Schedule 3   Administration

Medical Indemnity Act 2002

18   After subsection 77(2)

Insert:

Circumstances in which protected information and protected documents may be copied, recorded or divulged

(2A) Despite subsection (2), any of the following persons may make a copy or record of, or divulge to any other of the following persons, protected information or a protected document, for the purposes of monitoring, assessing or reviewing the operation of the medical indemnity legislation:

(a) the Secretary;

(b) the Chief Executive Medicare;

(c) the Actuary;

(d) the Australian Prudential Regulation Authority;

(e) the Australian Securities and Investments Commission.

Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).

(2B) Despite subsection (2), any of the following persons may make a copy or record of, or divulge to any other of the following persons, protected information or a protected document, for the purposes of conducting, or assisting a person to conduct, the evaluation mentioned in section 78A:

(a) a person mentioned in subsection (2A) of this section;

(b) a person conducting the evaluation;

(c) a person assisting a person to conduct the evaluation.

Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).