Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:16_13
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 16 cl 13
Character Range: 474236–476174

13  Non‑disclosure obligation—protected ballot information acquired under the WR Act
(1) A person who acquires protected ballot information in the course of performing functions or exercising powers under this Act, the WR Act or the FW Act must not disclose that information to any other person if the information will identify:
 (a) whether a person is a member of an employee organisation; or
 (b) a person as:
 (i) an applicant who was represented by an applicant's agent; or
 (ii) a relevant employee who was one of the prescribed number of employees supporting an application for a ballot order (as required by subsection 451(4) of the WR Act); or
 (iii) a person whose name appears on the roll of voters for a protected action ballot; or
 (iv) a person who 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 for the purposes of performing functions or exercising powers under this Act, the WR Act (as it continues to apply under this Act) or the FW Act; or
 (b) the disclosure is required or authorised by or under a law; or
 (c) the person referred to in paragraph (1)(a) or (b) has consented, in writing, to the disclosure.
Note 1: If the protected ballot information is personal information, it 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 WR Act.
protected ballot information means information acquired in connection with a protected action ballot.