Document ID: chunk:federal_register_of_legislation:F2015L01267:reg:17c:p2
Version: federal_register_of_legislation:F2015L01267
Segment Type: reg
Provision Reference: reg 17C (pt 2/9)
Character Range: 3868–6600

or emotional abuse; and
 (b) whether the person in such a situation may be unable to give notice of his or her circumstances because of:
  (i) age; or
  (ii) disability; or
  (iii) social, cultural, family or other reasons.

         Part 2 Guidelines — public interest certificate (general)

7 When public interest certificate may be given

 (1) The Secretary may give a public interest certificate for the disclosure of relevant information under this Part if:
 (a) the information cannot reasonably be obtained from a source other than the Department or the Human Services Department; and
 (b) the person to whom the information will be disclosed has sufficient interest in the information; and
 (c) the Secretary is satisfied that the disclosure is for the purpose of sections 8, 9, 9A, 10, 11, 12, 13, 14, 15, 16, 16A, 17, 17A, 17B, 17C, 18, 18A, or 18B of this Determination.

 (2) A person has sufficient interest in the relevant information if:
 (a) the Secretary is satisfied that, in relation to the purpose of the disclosure, the person has a genuine and legitimate interest in the information; or
 (b) the person is a Minister.

8 Threat to life, health or welfare

  Relevant information may be disclosed for the purpose of this section if the disclosure is necessary to prevent, or lessen, a threat to the life, health or welfare of a person.

9 Enforcement of laws

 (1) Relevant information may be disclosed for the purpose of this section if:
 (a) the disclosure is necessary:
 (i) for the enforcement of a criminal law that relates to an indictable offence punishable by imprisonment of 2 years or more; or
 (ii) for the enforcement of a law imposing a pecuniary penalty equivalent to 40 penalty units or more; or
 (iii) to prevent an act that may have a significant adverse effect on the public revenue; or
 (b) the disclosure relates to an offence or threatened offence:
 (i) against a Commonwealth employee; or
 (ii) against Commonwealth property; or
 (iii) in Department premises; or
 (iv) in the premises of the Human Services Department.

 (2) In this section:
criminal law means:
 (a) for Australia — a criminal law of the Commonwealth or of a State or Territory; and
 (b) for a place outside Australia — a criminal law that may be recognised under an extradition arrangement to which Australia is a party.
penalty unit has the same meaning as in section 4AA of the Crimes Act 1914.

      Note   Subsection 4AA(1) of the Crimes Act 1914 provides:
          'In a law of the Commonwealth or a Territory Ordinance, unless the contrary intention appears:
          penalty unit means $170.'.

9A Proceeds of crime order

     (1)   Relevant information may be disclosed to a Commonwealth, State or