Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For subsection 164A (5) and paragraph 165 (1) (e) of the Act:
(a) a workplace agreement official is prescribed; and
(b) the workplace agreement official may disclose information prescribed in subregulation (3) to a person prescribed in subregulation (2) for a purpose prescribed in subregulation (4).
(2) The persons are:
(a) a Minister; or
(b) the Secretary; or
(c) an SES employee or an APS employee performing duties in the Department.
(3) The information is:
(a) information that is:
(i) acquired by the workplace agreement official in the course of exercising powers, or performing functions, as a workplace agreement official; and
(ii) relevant to a purpose in paragraph (4) (a); and
(b) information that has previously been disclosed to the public other than information that has been disclosed to the public in contravention of the Act or regulations made under the Act; and
(c) information relating to a proceeding initiated by a workplace inspector.
(4) The purposes are:
(a) the purpose of briefing a Minister, or considering briefing a Minister:
(i) to assist the Minister:
(A) to consider a complaint or issue raised with the Minister by or on behalf of a person (in writing or orally); and
(B) to respond to the person in relation to the complaint or issue; or
(ii) in relation to a meeting or other event that the Minister is to attend; or
(iii) for an issue that has been raised publicly, or is proposed to be raised publicly, by or on behalf of the person to whom the information of a kind mentioned in paragraph (3) (a) relates -- to assist the Minister to respond to the issue; or
(iv) in relation to an error or delay on the part of the Workplace Authority; or
(v) in relation to an instance of an anomalous or unusual operation of:
(A) Commonwealth workplace relations legislation; or
(B) the Building and Construction Industry Improvement Act 2005 ; or
(C) Schedule 1 to the Act; and
(b) for information mentioned in paragraphs (3) (b) or (3) (c) -- to provide information to the person
(i) about a matter that has previously been disclosed to the public; or
(ii) about a proceeding initiated by a workplace inspector.
(5) In this regulation:
APS employee has the same meaning as in the Public Service Act 1999 .
Minister means:
(a) a Minister of State administering any part of Commonwealth workplace relations legislation; or
(b) the Prime Minister.
SES employee has the same meaning as in the Public Service Act 1999 .
Note Under subsection 164A (7) of the Act, a workplace agreement official is not authorised to disclose to the Minister information relating to a decision under Division 5A of Part 8 of the Act about whether a particular workplace agreement passes the no‑disadvantage test.
Note Transitional provisions relating to workplace inspectors are located in Division 13 of Part 2 of Chapter 7.