5.5 What can participating institutions do with protected information?
A participating institution, through a person connected to them in a meaningful way (such as an employee), may obtain, record, disclose and use protected information about a person but only in limited circumstances prescribed by the NRSAct. Any such action must be reasonably necessary in the circumstances, and the employee must consider the impact any disclosure of information may have on the person it relates to.
Section 98 of the Act prescribes circumstances where a person engaged by a participating institution (employee) may have access to protected information. An employee can only obtain, record, disclose and use protected information if the employee reasonably believes it can meet the following purposes:
- The participating institution is responding to the Scheme request for information under section 25 of the Act.
- The participating institution is required under section 54 of the Act to provide a direct personal response to a person eligible and entitled to redress.
- The participating institution is facilitating a claim under an insurance policy.
- The disclosure of information is necessary for the participating institution to undertake any internal investigations and disciplinary procedures.
Act reference: NRSAct section 98 Additional authorisation-person engaged by participating institution disclosing etc. for a specified purpose