Commonwealth Numbered Acts Commonwealth Numbered Acts(1) This section restricts what a person (the entrusted person ) may do with protected information that the person has obtained in the course of official employment.
Note: Although this section applies only to information that a person obtained in the course of official employment, the obligations under this section continue to apply after the person ceases to be in official employment.
Recording or disclosing
(2) The entrusted person must not:
(a) make a record of protected information; or
(b) disclose protected information.
Penalty: Imprisonment for 12 months.
Permitted recording or disclosure by designated officials
(3) If the entrusted person is a designated official at the time of the recording or disclosure, then each of the following is an exception to the offence in subsection (2):
(a) the recording or disclosure is for the purposes of the performance of the ABC Commissioner's functions or the exercise of the ABC Commissioner's powers;
(b) the recording or disclosure happens in the course of the performance of the duties of the entrusted person's official employment;
(c) in the case of a disclosure--the disclosure is to a person appointed or employed by:
(i) the Commonwealth, a State or Territory; or
(ii) an authority of the Commonwealth, a State or Territory;
for the purpose of assisting in building industry law enforcement;
(d) the recording or disclosure is in accordance with rules made for the purposes of this paragraph.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code ).
Permitted recording or disclosure by other persons
(4) If the entrusted person is not a designated official at the time of the recording or disclosure, then each of the following is an exception to the offence in subsection (2):
(a) the recording or disclosure is for the purposes of the performance of the ABC Commissioner's functions or the exercise of the ABC Commissioner's powers;
(b) the recording or disclosure happens in the course of the performance of the duties of the entrusted person's official employment that relate to building industry law enforcement;
(c) the recording or disclosure is in accordance with rules made for the purposes of this paragraph.
Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code ).
Disclosure to a Minister by a designated official
(5) The exception in subsection (3) does not apply to a disclosure if:
(a) the entrusted person discloses protected information to any Minister; and
(b) the entrusted person is a designated official; and
(c) the disclosure is not required or authorised by section 18 (Minister may require reports) or 20 (quarterly and annual reports).
Disclosure in reports under this Act
(6) The exception in subsection (3) does not apply to a disclosure if:
(a) the entrusted person discloses protected information in a report under section 18 or 20; and
(b) section 107 (reports not to include information relating to an individual's affairs) is not complied with in respect of the disclosure of the information in the report.
Authorisation for purposes of Privacy Act
(7) A disclosure of personal information is taken to be authorised by law for the purposes of paragraph (1)(d) of Information Privacy Principle 11 in section 14 of the Privacy Act 1988 if the information is protected information and the disclosure is made in accordance with subsection (3) or (4) of this section.
Definitions
(8) In this Act:
"building industry law enforcement " means enforcement of a law of the Commonwealth, a State or a Territory where the enforcement is in respect of:
(a) conduct by, or in relation to, a building industry participant in that capacity; or
(b) conduct that is, or relates to, building work.
"official employment " means:
(a) appointment or employment by, or the performance of services for:
(i) the Commonwealth, a State or Territory; or
(ii) an authority of the Commonwealth, a State or Territory; or
(b) appointment as an inspector.