Document ID: chunk:federal_register_of_legislation:C2024A00085:section:58
Version: federal_register_of_legislation:C2024A00085
Segment Type: section
Provision Reference: s 58
Character Range: 68549–70181

58  General obligations of closing employers and dependent employers
 (1) A closing employer or dependent employer specified in a community of interest determination that is in force must:
 (a) seek expressions of interest from each transition employee of the employer in finding other employment; and
 (b) provide information to each transition employee of the employer about the employer's obligations under section 59; and
 (ba) inform each transition employee of the employer that, if the employee becomes a participating employee of the employer, personal information about the employee may be given to the CEO under section 64 or disclosed by the CEO under section 66; and
 (c) cooperate with the CEO and the staff of the Authority in the administration of this Part (including by complying with section 64).
Note: Australian Privacy Principle 6 in Schedule 1 to the Privacy Act 1988 has the effect that, if a closing employer or dependent employer is an APP entity (within the meaning of that Act) and holds personal information about a transition employee that was collected for a particular purpose, the employer must not use or disclose the information for another purpose unless:
(a) the employee has consented to the use or disclosure of the information; or
(b) the use or disclosure of the information is required or authorised by or under an Australian law or a court/tribunal order; or
(c) that use or disclosure is otherwise authorised by that Principle.
 (2) Paragraphs (1)(a), (b) and (ba) do not apply to a closing employer or dependent employer at a time when there are no transition employees of the employer.