Section 103 of the Principal Act is amended by inserting after subsection (2) the following subsections:

(2A)  Subsections (1) and (2) do not apply in respect of the disclosure and use of personal information relating to a person to, or by –

(a) that person; or

(b) a person seeking to bring an action, whether criminal or civil, if –

(i) the person to whom the personal information relates is an intended defendant to the action or an alleged perpetrator in respect of the matter to which the action relates; and

(ii) the personal information is relevant to that action; or

(c) a person responding, on behalf of the State, to an action, whether criminal or civil and whether proposed or commenced, against the State if the personal information is relevant to that action; or

(d) a Commission established under the Commissions of Inquiry Act 1995 if the personal information is relevant to the inquiry for which that Commission was established; or

(e) a person undertaking an employment screening or review process, or disciplinary investigations or proceedings, in respect of the person to whom the personal information relates if the person to whom the personal information relates is –

(i) an employee or contractor, or prospective employee or contractor, of the person to whom the information is disclosed; or

(ii) a volunteer or assistant, or prospective volunteer or assistant, whether paid or unpaid, of an organisation of which the person, to whom the information is disclosed, is in a position of management or control.

(2B)  Subsections (1) and (2) do not apply in respect of the disclosure and use of personal information if the information –

(a) is disclosed to or used by –

(i) a person seeking to bring an action, whether criminal or civil; or

(ii) a person responding, on behalf of the State, to an action, whether criminal or civil and whether proposed or commenced; or

(iii) a person undertaking an employment screening or review process, or disciplinary investigations or proceedings; and

(b) in the case of information disclosed to or used by a person referred to in paragraph (a)(i) or (ii) , the information –

(i) is relevant to the action; and

(ii) does not disclose the identity of, or lead to the identification of, a person other than an intended defendant to the action or an alleged perpetrator in respect of the matter to which the action relates; and

(c) in the case of information disclosed to or used by a person referred to in paragraph (a)(iii) , the information –

(i) is relevant to the employment screening or review process, or disciplinary investigations or proceedings, being undertaken by the person to whom the information is disclosed; and

(ii) does not disclose the identity of, or lead to the identification of, a person other than the person being screened or reviewed or the subject of those disciplinary investigations or proceedings.

(2C)  Personal information disclosed under subsection (2A) (c) or (e) is subject to the rules of procedural fairness in respect of the person whose personal information is so disclosed.