National Redress Scheme for Institutional Child Sexual Abuse Amendment Act 2024 (9 of 2024)

Schedule 1   Amendments to existing processes

Part 3   Protected information

Division 1   Main amendments

National Redress Scheme for Institutional Child Sexual Abuse Act 2018

12   After section 96

Insert:

96A Additional authorisation - Operator disclosing to public trustee etc. in relation to financial management orders

(1) The Operator may disclose protected information for any of the purposes specified in subsection (2) to a government institution specified in subsection (3) if:

(a) the protected information is about a person who applied for redress (the applicant ); and

(b) the Operator believes, on reasonable grounds, that the applicant is, or may become, subject to an order (a financial management order ) under which another person is appointed by a court, tribunal or board, or other entity prescribed by the rules, under a law of the Commonwealth, a State or a Territory to manage all or part of the person's property or financial affairs or matters.

(2) The Operator may disclose protected information to the government institution under subsection (1) for any of the following purposes (a relevant purpose ):

(a) ascertaining whether the applicant is subject to a financial management order;

(b) ascertaining whether the government institution has management of the applicant's affairs under a financial management order;

(c) if the government institution has management of the applicant's affairs under a financial management order - providing the institution such information as is necessary for it to manage the applicant's affairs under the financial management order in relation to the applicant's redress application;

(d) any other purpose that is:

(i) related to dealing with applicants who are, or may become, subject to a financial management order; and

(ii) prescribed by the rules.

(3) Government institutions to which protected information may be disclosed under subsection (1) are as follows:

(a) the Public Trustee of a State or a Territory;

(b) a government institution that can be, or the employees of which can be, given responsibility for managing the affairs of an individual under a financial management order;

(c) a government institution prescribed by the rules.

Disclosure, use etc. by government official

(4) If protected information is disclosed to a government institution under subsection (1), then an employee or officer of the institution (the government official ) may:

(a) obtain the information; or

(b) make a record of the information; or

(c) disclose the information to a person; or

(d) use the information;

but only if the government official does so for a relevant purpose in the official's capacity as an employee or officer of the government institution.

(5) Section 97 does not apply in relation to protected information that is disclosed to a government institution under subsection (1) of this section.

Conditions

(6) The Operator may, in writing, impose conditions to be complied with in relation to protected information disclosed under subsection (1).

(7) A person commits an offence if:

(a) the person is subject to a condition under subsection (6); and

(b) the person engages in conduct (within the meaning of the Criminal Code); and

(c) the person's conduct breaches the condition.

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

(8) An instrument under subsection (6) is not a legislative instrument.