Commonwealth Numbered Acts

PARLIAMENTARY WORKPLACE SUPPORT SERVICE ACT 2023 (NO. 70, 2023) - SECT 61

Authorisation to disclose information

             (1)  The PWSS may disclose information (including personal information) to:

                     (a)  another Commonwealth entity; or

                     (b)  an individual who holds any office or appointment under a law of the Commonwealth;

if the disclosure is reasonably necessary to assist the entity or individual to:

                     (c)  perform any of the functions or activities of the entity or individual; or

                     (d)  exercise any of the powers of the entity or individual.

             (2)  A Commonwealth entity, or an individual who holds any office or appointment under a law of the Commonwealth, may disclose information (including personal information) to the PWSS if the disclosure is reasonably necessary to assist:

                     (a)  the PWSS to perform any of its functions or exercise any of its powers; or

                     (b)  the CEO to perform any of the CEO's functions or exercise any of the CEO's powers.

             (3)  To avoid doubt, a parliamentarian does not hold an office or appointment under a law of the Commonwealth for the purposes of paragraph (1)(b) or subsection (2).

             (4)  Information may be disclosed under subsection (1) or (2) on the initiative, or at the request, of the PWSS, Commonwealth entity or individual (as the case requires).

             (5)  Subsections (1) and (2) do not apply to a disclosure of information if:

                     (a)  the disclosure would, apart from this section, constitute an offence against a law of the Commonwealth; and

                     (b)  that law does not contain an exception or defence for a disclosure authorised by a law of the Commonwealth.

             (6)  Before disclosing information under subsection (1) that was obtained by the PWSS in the course of performing its review function under section 19, the PWSS must have regard to whether the disclosure would be likely to result in harm to an individual to whom the information relates (other than mere damage to the individual's reputation).

Authorisation to use information

             (7)  Information disclosed to the PWSS, another Commonwealth entity or an individual under subsection (1) or (2) may be used by the PWSS, entity or individual for the purposes of performing the functions, or exercising the powers, of the PWSS, entity or individual (as the case requires).

Note:          This section constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws.