Commonwealth Numbered Acts

MERIT PROTECTION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1984 No. 65, 1984 - SECT 84

84. (1) In this section, "officer" means-

   (a)  a member;

   (b)  a person who is a member of the staff referred to in sub-section 77
        (1); or

   (c)  a person, not being a person referred to in paragraph (b), to whom the
        Agency has delegated any of its powers or functions under section 78,
        to whom the Director has delegated any of his powers under section 79
        or who is an authorized person.

(2) Subject to this section, an officer shall not, directly or indirectly, and
either while he is, or after he ceases to be, an officer, make a record of, or
divulge or communicate to any person, any information acquired by him by
reason of his being an officer, being information that was disclosed or
obtained under the provisions of this Act.
Penalty: $1,000 or imprisonment for 6 months, or both.

(3) Sub-section (2) does not prevent an officer-

   (a)  from making a record of, or divulging or communicating to any person,
        information acquired by him in the performance of his duties as an
        officer for purposes connected with the exercise of the powers and
        with the performance of the functions of the Agency under this Act; or

   (b)  from divulging or communicating information to a person-

        (i)    if the information was furnished by an officer of a Department
               or Commonwealth authority in the performance of his duties as
               such an officer-with the consent of the principal officer of
               the Department or authority or of the responsible Minister; or

        (ii)   if the information was furnished by a person otherwise than as
               set out in sub-paragraph (i)-with the consent of the person who
               furnished the information.

(4) Sub-section (2) does not prevent the Agency from disclosing, in a report
made under this Act, such matters as, in its opinion, ought to be disclosed in
the course of setting out the grounds for the conclusions and recommendations
contained in the report.

(5) A person who is or has been an officer is not compellable, in any
proceedings before a court (whether exercising federal jurisdiction or not) or
before a person authorized by a law of the Commonwealth or of a State or
Territory, or by consent of parties, to hear, receive or examine evidence, to
disclose any information acquired by him by reason of his being or having been
an officer, being information that was disclosed or obtained under the
provisions of this Act.

(6) Subject to sub-sections (7) and (8), nothing in this Act shall be taken to
preclude the Director from disclosing information, or making a statement, to
any person or to the public or a section of the public with respect to the
performance of a function of the Agency under this Act if, in the opinion of
the Director, it is in the interests of any Department, Commonwealth authority
or person, or is otherwise in the public interest, so to disclose that
information or to make that statement.

(7) The Director shall not disclose information or make a statement under
sub-section (6) with respect to a particular review, investigation or inquiry
where the disclosure of that information, or the making of that statement, is
likely to interfere with the carrying out of that review, investigation or
inquiry or of any other review, investigation or inquiry.

(8) The Director shall not, in disclosing information or making a statement
under sub-section (6) with respect to a particular review or investigation,
disclose the name of an applicant or any other matter that would enable an
applicant to be identified unless it is fair and reasonable in all the
circumstances to do so.