Document ID: chunk:federal_register_of_legislation:C2004A01347:clause:4_88af:p1
Version: federal_register_of_legislation:C2004A01347
Segment Type: clause
Provision Reference: sch 4 cl 88AF (pt 1/3)
Character Range: 25489–28327

88AF  Protection of confidentiality of information

 (1) This section restricts what a person (the entrusted person) may do with protected information that the person has obtained in the course of official employment.

Note: Although this section applies only to information that a person obtained in the course of official employment, the obligations under this section continue to apply after the person ceases to be in official employment.

Recording or disclosing

 (2) The entrusted person must not:
 (a) make a record of protected information; or
 (b) disclose protected information.

Penalty: Imprisonment for 12 months.

Permitted recording or disclosure by designated officials

 (3) If the entrusted person is a designated official at the time of the recording or disclosure, then each of the following is an exception to the offence in subsection (2):
 (a) the recording or disclosure is for the purposes of this Act;
 (b) the recording or disclosure happens in the course of the performance of the duties of the entrusted person's official employment;
 (c) in the case of a disclosure—the disclosure is to a person appointed or employed by:
 (i) the Commonwealth, a State or Territory; or
 (ii) an authority of the Commonwealth, a State or Territory;
  for the purpose of assisting in relevant law enforcement;
 (d) the recording or disclosure is in accordance with regulations made for the purposes of this paragraph.

Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.

Permitted recording or disclosure by other persons

 (4) If the entrusted person is not a designated official at the time of the recording or disclosure, then each of the following is an exception to the offence in subsection (2):
 (a) the recording or disclosure is for the purposes of this Act;
 (b) the recording or disclosure happens in the course of the performance of the duties of the entrusted person's official employment, being duties relating to relevant law enforcement;
 (c) the recording or disclosure is in accordance with regulations made for the purposes of this paragraph.

Note: A defendant bears an evidential burden in relation to the matter in subsection (4): see subsection 13.3(3) of the Criminal Code.

Authorisation for purposes of Privacy Act

 (5) A disclosure of personal information is taken to be authorised by law for the purposes of paragraph (1)(d) of Information Privacy Principle 11 in section 14 of the Privacy Act 1988 if the information is protected information and the disclosure is made in accordance with subsection (3) or (4) of this section.

Definitions

 (6) In this section:

designated official means any of the following:
 (a) the Secretary of the Department;
 (b) a Registrar;
 (c) the person occupying the position