Commonwealth Numbered Acts

CHILD SUPPORT (ASSESSMENT) ACT 1989 No. 124 of 1989 - SECT 169

169. Section 16 of the Principal Act is repealed and the following section is
substituted: Secrecy

"16. (1) In this section:
'court' includes any tribunal, authority or person having power to require the
production of documents or the answering of questions;
'person to whom this section applies' means a person who is or has been:

   (a)  the Registrar or a Deputy Registrar; or

   (b)  the Secretary; or

   (c)  an officer or employee of:

        (i)    the branch of the Australian Public Service under the direct
               control of the Registrar (whether as Registrar or
               Commissioner); or

        (ii)   the Department of Social Security; or

   (d)  otherwise appointed or employed by, or a provider of services for, the
        Commonwealth;
'produce' includes permit access to;
'protected document' means a document that:

   (a)  contains information that concerns a person; and

   (b)  is obtained or made by a person to whom this section applies in the
        course of, or because of, the person's duties under or in relation to
        this Act;
'protected information' means information that:

   (a)  concerns a person; and

   (b)  is disclosed to, or obtained by, a person to whom this section applies
        in the course of, or because of, the person's duties under or in
        relation to this Act.

"(2) Subject to subsection (3), a person to whom this section applies must
not:

   (a)  make a record of any protected information; or

   (b)  whether directly or indirectly, divulge or communicate to a person any
        protected information concerning another person; unless the record is
        made, or the information divulged or communicated:

   (c)  under or for the purposes of this Act; or

   (d)  in the performance of duties, as a person to whom this section
        applies, under or in relation to this Act.
Penalty: Imprisonment for 1 year.

"(3) Subsection (2) does not prevent the Registrar, a Deputy Registrar, or a
person authorised by the Registrar or a Deputy Registrar, from divulging or
communicating any protected information:

   (a)  to the Secretary to the Department of Social Security, or an officer
        or employee of that Department, for the purpose of the administration
        of this Act; or

   (b)  to the Secretary to the Department of Social Security or the
        Department of Veterans' Affairs, or an officer or employee of either
        Department, for the purpose of the administration of any law of the
        Commonwealth relating to pensions, allowances or benefits; or

   (c)  to a person performing, as a person to whom this section applies,
        duties under or in relation to an Act of which the Registrar (whether
        as Registrar or Commissioner) has the general administration, or under
        regulations made under such an Act, for the purpose of enabling the
        person to perform the duties; or

   (d)  to the Secretary to the Attorney-General's Department, or an officer
        or employee of that Department, for the purpose of:

        (i)    the enforcement outside Australia of registrable maintenance
               liabilities; or

        (ii)   the enforcement within Australia of maintenance liabilities
               that arose under the law of a foreign country.

"(4) A person divulges or communicates protected information to a person in
contravention of subsection (2) if the person divulges or communicates the
information to any Minister.

"(5) A person to whom this section applies is not required:

   (a)  to divulge or communicate protected information to a court; or

   (b)  to produce a protected document in court; except where it is necessary
        to do so for the purpose of carrying into effect the provisions of
        this Act.

"(6) Nothing in an Act of which the Commissioner has the general
administration is to be taken to prohibit the Commissioner, a Second
Commissioner, a Deputy Commissioner, or a person authorised by the
Commissioner, a Second Commissioner or a Deputy Commissioner, from divulging
or communicating any information to a person performing, as a person to whom
this section applies, duties under or in relation to this Act for the purpose
of enabling the person to perform the duties.

"(7) Nothing in an Act of which the Commissioner has the general
administration is to be taken to prohibit the Commissioner, a Second
Commissioner, a Deputy Commissioner, or a person authorised by the
Commissioner, a Second Commissioner or a Deputy Commissioner, from:

   (a)  divulging or communicating to a court any information obtained under
        or for the purposes of such an Act; or

   (b)  producing in court a document obtained or made under or for the
        purposes of such an Act; where it is necessary to do so for the
        purpose of carrying into effect the provisions of this Act.

"(8) A person to whom this section applies must, if and when required by the
Registrar or a Deputy Registrar to do so, make an oath or declaration, in a
manner and form specified by the Registrar in writing, to maintain secrecy in
accordance with this section.

"(9) This section has effect subject to subsection 64 (11B) of the Family  Law
Act 1975 .".