Commonwealth Numbered Acts

AFFIRMATIVE ACTION (EQUAL EMPLOYMENT OPPORTUNITY FOR WOMEN) ACT 1986 No. 91 of 1986 - SECT 32

32. (1) A person who is, or has at any time been, the Director or a member of
the staff or a consultant assisting the Director or is, or has at any time
been, authorised to perform or exercise any function or power under an
arrangement in force under section 33, shall not, either directly or
indirectly, except in the performance of a duty under or in connection with
this Act or in the performance or exercise of such a function or power-

   (a)  make a record of, or divulge or communicate to any person, any
        information relating to a confidential report or
        confidential information acquired by the first-mentioned person by
        reason of that person's office, employment or engagement under or for
        the purposes of this Act or by reason of that person being or having
        been so authorised;

   (b)  make use of any such report or information as is mentioned in
        paragraph (a); or

   (c)  produce to any person a confidential report or a document relating to
        confidential information of another person furnished for the purposes
        of this Act, except to the extent that the report or information is
        the subject of a consent under sub-section 16 (2).
Penalty: $2,500 or imprisonment for 3 months, or both.

(2) A person who is, or has at any time been, the Director or a member of the
staff or a consultant assisting the Director or is, or has at any time been,
authorised to perform or exercise any function or power under an arrangement
in force under section 33, shall not be required-

   (a)  to divulge or communicate to a court any information relating to a
        confidential report or confidential information acquired by the
        first-mentioned person by reason of that person's office, employment
        or engagement under or for the purposes of this Act or by reason of
        that person being or having been so authorised; or

   (b)  to produce in a court a confidential report or a document relating to
        confidential information of which the first-mentioned person has
        custody, or to which that person has access, by reason of that
        person's office, employment or engagement under or for the purposes of
        this Act or by reason of that person being or having been so
        authorised, except to the extent that the report or information was
        the subject of a consent under sub-section 16 (2) or where it is
        necessary to do so for the purposes of this Act.

(3) Nothing in this section prohibits a person from-

   (a)  divulging or communicating information, or producing a document, to
        the Director or an officer of a State, in accordance with an
        arrangement in force under section 33; or

   (b)  divulging or communicating information, or producing a document, that
        is required or permitted by an Act to be divulged, communicated or
        produced, as the case may be.

(4) In this section-

"confidential information" means information which, at the time when it is
supplied by a relevant employer, the relevant employer has specified as being
supplied in confidence;

"court" includes any tribunal, authority or person having power to require the
production of documents or the answering of questions;

"produce" includes permit access to.