Australian Capital Territory Repealed Acts

This legislation has been repealed.

WORK SAFETY ACT 2008 (REPEALED) - SECT 211

    (1)     This section applies if—

        (a)     a person is exercising, or purporting to exercise, any function under this Act; and

        (b)     the person obtains protected information about another person.

    (2)     A person to whom this section applies commits an offence if the person—

        (a)     makes a record of the protected information; or

        (b)     directly or indirectly divulges the protected information to a person.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (3)     Subsection (2) does not apply if the record is made, or the protected information is divulged—

        (a)     under this or another territory law; or

        (b)     in relation to the exercise of a function of the person to whom this section applies under this or another territory law; or

        (c)     to a relevant authority, by the person to whom this section applies, if the person reasonably believes that recording or divulging the information is in the interests of work safety; or

        (d)     to a person administering or enforcing a corresponding law; or

        (e)     to a law enforcement authority; or

        (f)     to a court.

    (4)     Subsection (2) does not prevent a person from making a record of, or divulging protected information about another person with the other person's consent.

    (5)     In this section:

"corresponding law "means—

        (a)     a law of a State corresponding, or substantially corresponding, to this Act; or

        (b)     a law of the Commonwealth or a State that is declared by regulation to be a corresponding law.

Note     State includes a territory (see Legislation Act, dict, pt 1).

"court "includes any tribunal or other entity having power to require the production of documents or the answering of questions.

"protected information" means—

        (a)     information relating to the personal affairs of a person; or

        (b)     information the disclosure of which would, or could reasonably be expected to—

              (i)         disclose a trade secret; or

              (ii)     adversely affect a person in relation to the lawful business affairs of that person.

"relevant authority" means a government agency administering a law of the Territory, the Commonwealth, or a State.