Private Health Insurance Act 2007

CHAPTER 6 - ADMINISTRATION  

PART 6-8 - DISCLOSURE OF INFORMATION  

Division 323 - Disclosure of information  

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 ^[*]

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 ^[*]

To find definitions of asterisked terms, see the Dictionary in Schedule 1 .

protected information; and

(d)    the disclosure is not an ^[*]

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.

323-1(1A)    
An APRA private health insurance duty, function or power is a duty, function or power of ^[*]

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).

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 ^[*]

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 ^[*]

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.

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 .

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 .