Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_176r
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 176R
Character Range: 663801–665868

176R  Privacy

 (1) The person conducting the dispute resolution process must do so in private.

 (2) A person who is conducting, or has conducted, a dispute resolution process must not disclose or use any information or document that is given to the person in the course of conducting that process to any person, unless:
 (a) the information or document is disclosed or used for the purpose of conducting the process; or
 (b) the parties to the process consent to the disclosure or use; or
 (c) the information or document is disclosed or used in circumstances specified in regulations made for the purposes of this paragraph; or
 (d) the disclosure or use is otherwise required or authorised by law.

 (3) Subsections (1) and (2) are civil remedy provisions.

 (4) Evidence of anything said, or any act done, in the dispute resolution process is not admissible in proceedings relating to the dispute:
 (a) in any court; or
 (b) before a person authorised by a law of the Commonwealth or of a State or Territory to hear evidence; or
 (c) before a person authorised by the consent of the parties to hear evidence;
unless:
 (d) the parties agree to the evidence being admissible; or
 (e) the evidence is admitted in circumstances specified in regulations made for the purposes of this paragraph.

 (5) The Court may make an order imposing a pecuniary penalty on a person who has contravened subsection (1) or (2).

 (6) The pecuniary penalty cannot be more than 300 penalty units for a body corporate or 60 penalty units in any other case.

 (7) An application for an order under subsection (5) may be made by:
 (a) a party to the dispute in relation to which the dispute resolution process is conducted; or
 (b) an organisation that has at least one member who is an employee bound by the agreement, and that is entitled to represent the industrial interests of at least one such employee; or
 (c) a workplace inspector; or
 (d) any other person prescribed by the regulations.

Note: For other provisions about civil remedy provisions, see Division 4 of Part VIII.