Document ID: chunk:federal_register_of_legislation:C2013A00004:clause:1_65ab:p2
Version: federal_register_of_legislation:C2013A00004
Segment Type: clause
Provision Reference: sch 1 cl 65AB (pt 2/2)
Character Range: 34665–36447

disclosure is not likely to interfere with a review or inquiry under this Act or the determinations.
 (6) The Merit Protection Commissioner must not disclose the name of an individual, or any other material that would enable an individual to be identified, in protected information that is disclosed under subsection (5), unless the Merit Protection Commissioner is satisfied that the disclosure is fair and reasonable in all the circumstances.

Compellability of entrusted persons to give evidence
 (7) A person who is, or was, an entrusted person (other than a prescribed entrusted person) is not compellable in any proceeding:
 (a) before a court (whether exercising federal jurisdiction or not); or
 (b) before a person authorised by a law of the Commonwealth or a State or Territory, or by consent of the parties, to hear, receive and examine evidence;
to disclose protected information that was obtained in connection with the performance of functions or duties, or the exercise of powers, under:
 (c) paragraph 48(1)(a), (b), (c), (d) or (e); or
 (d) any other provision of this Act or the determinations prescribed by the determinations for the purposes of this paragraph.
Note: Prescribed entrusted person is defined in subsection (1) of this section.

Competence of certain entrusted persons to give evidence
 (8) A person who is, or was, a prescribed entrusted person is not competent, and cannot be compelled, to disclose protected information in any proceeding:
 (a) before a court (whether exercising federal jurisdiction or not); or
 (b) before a person authorised by a law of the Commonwealth or a State or Territory, or by consent of the parties, to hear, receive and examine evidence.
Note: Prescribed entrusted person is defined in subsection (1) of this section.