Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:16_12
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 16 cl 12
Character Range: 472443–474236

12  Non‑disclosure obligation—information acquired under FW Act that identifies an employee as an employee to whom an individual agreement‑based transitional instrument applies
(1) A person who:
 (a) is the protected action ballot agent for a protected action ballot (other than the Australian Electoral Commission); or
 (b) is the independent advisor for a protected action ballot; or
 (c) acquires information from, or on behalf of, a person referred to in paragraph (a) or (b) in the course of performing functions or exercising powers for the purposes of the ballot;
must not disclose to any other person information about an employee if the information will identify whether or not the employee is covered by an individual agreement‑based transitional instrument or an individual Division 2B State employment agreement.
Note: This subitem is a civil remedy provision (see item 16, and Part 4‑1 of the FW Act).
(2) Subitem (1) does not apply if:
 (a) the disclosure is made in the course of performing functions or exercising powers for the purposes of the protected action ballot; or
 (b) the disclosure is required or authorised by or under a law; or
 (c) the employee has consented, in writing, to the disclosure.
Note 1: Personal information given to the FWC, the Australian Electoral Commission or another protected action ballot agent under Division 8 of Part 3‑3 of the FW Act may be regulated under the Privacy Act 1988.
Note 2: The President of the FWC may, in certain circumstances, disclose, or authorise the disclosure of, information acquired by the FWC or a member of the staff of the FWC, in the course of performing functions or exercising powers as the FWC (see section 655 of the FW Act).
(3) In this item:
protected action ballot has the same meaning as in the FW Act.