Commonwealth Repealed Acts

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 164A

Disclosure that is necessary or appropriate

             (1)  A workplace agreement official may disclose information he or she acquired in the course of exercising powers, or performing functions, as such an official, if he or she considers on reasonable grounds that it is necessary or appropriate to do so in the course of exercising his or her powers, or performing his or her functions, as such an official.

Disclosure to Minister

             (2)  A workplace agreement official may:

                     (a)  provide aggregated statistical information to the Minister; and

                     (b)  give the Minister, in accordance with the regulations, information and copies of documents.

             (3)  Regulations made for the purposes of paragraph (2)(b) may require that documents given to the Minister are given with such deletions as are necessary to prevent the identification of individuals to whom the documents refer.

Disclosure to Workplace Ombudsman and workplace inspectors

             (4)  A workplace agreement official may:

                     (a)  disclose information that relates to the functions of the Workplace Ombudsman to the Workplace Ombudsman in response to requests from the Workplace Ombudsman; and

                     (b)  disclose information that relates to the functions of workplace inspectors to workplace inspectors in response to requests from workplace inspectors; and

                     (c)  disclose information to the Workplace Ombudsman or workplace inspectors that the workplace agreement official considers on reasonable grounds is likely to assist the Workplace Ombudsman or workplace inspectors in performing their functions.

Disclosure authorised by regulations to prescribed persons

             (5)  The regulations may authorise a prescribed workplace agreement official to disclose information of the prescribed kind, to persons of the prescribed kind, for prescribed purposes.

Limits on disclosure

             (6)  Despite subsections (1), (2) and (4), a prescribed workplace agreement official is not authorised by whichever of those subsections is prescribed to disclose information of the prescribed kind, to persons of the prescribed kind, for prescribed purposes.

             (7)  Despite subsections (1), (2) and (5), a workplace agreement official is not authorised by any of those subsections to disclose to the Minister information relating to a decision under Division 5A of Part 8 whether a particular workplace agreement passes the no‑disadvantage test.

Relationship with the Privacy Act 1988

             (8)  To avoid doubt, a disclosure in accordance with this section of personal information (within the meaning of the Privacy Act 1988 ) is taken, for the purposes of that Act, to be authorised by law.

Relationship with section 165

             (9)  To avoid doubt, a disclosure in accordance with this section of protected information (as defined in section 165) is taken, for the purposes of that section, to be permitted by this Act.