Commonwealth Numbered Acts

TRAINING GUARANTEE (ADMINISTRATION) ACT 1990 No. 60 of 1990 - SECT 39

39. (1) In this section:

"court" includes any tribunal, authority or person having power to require the
production of documents or the answering of questions;

"person to whom this section applies" means a person who is or has been:

   (a)  the Commissioner, a Second Commissioner or a Deputy Commissioner; or

   (b)  the training advisory body; or

   (c)  an officer or employee of:

        (i)    the branch of the Australian Public Service under the direct
               control of the Commissioner; or

        (ii)   the training advisory body; or

   (d)  otherwise appointed or employed by, or a provider of services for, the
        Commonwealth;

"produce" includes permit access to;

"protected document" means a document that:

   (a)  contains information that concerns a person; and

   (b)  is obtained or made by a person to whom this section applies in the
        course of, or because of, the person's duties under or in relation to
        this Act;

"protected information" means information that:

   (a)  concerns a person; and

   (b)  is disclosed to, or obtained by, a person to whom this section applies
        in the course of, or because of, the person's duties under or in
        relation to this Act.

(2) Subject to subsection (3), a person to whom this section applies must not:
(a) make a record of any protected information; or

   (b)  whether directly or indirectly, divulge or communicate to a person any
        protected information concerning another person; unless the record is
        made, or the information divulged or communicated:

   (c)  under or for the purposes of this Act; or

   (d)  in the performance of duties, as a person to whom this section
        applies, under or in relation to this Act.
Penalty: Imprisonment for 2 years.

(3) Subsection (2) does not prevent the Commissioner, a Second Commissioner or
a Deputy Commissioner or a person authorised by the Commissioner, a Second
Commissioner or a Deputy Commissioner from divulging or communicating any
protected information:

   (a)  to the training advisory body, or an officer or employee of the
        training advisory body, for the purposes of the administration of
        this Act; or

   (b)  to a person performing, as a person to whom this section applies,
        duties under or in relation to an Act of which the Commissioner has
        the general administration, or under regulations made under such an
        Act, for the purpose of enabling the person to perform the duties.

(4) A person divulges or communicates protected information to a person in
contravention of subsection (2) if the person divulges or communicates the
information to any Minister.

(5) A person to whom this section applies is not required:

   (a)  to divulge or communicate protected information to a court; or

   (b)  to produce a protected document in court except where it is necessary
        to do so for the purpose of carrying into effect the provisions of
        this Act.

(6) Nothing in an Act of which the Commissioner has the general administration
is taken to prohibit the Commissioner, a Second Commissioner, a
Deputy Commissioner, or a person authorised by the Commissioner, a Second
Commissioner or a Deputy Commissioner, from divulging or communicating any
information to a person performing, as a person to whom this section applies,
duties under or in relation to this Act for the purpose of enabling the person
to perform the duties.

(7) Nothing in an Act of which the Commissioner has the general administration
is taken to prohibit the Commissioner, a Second Commissioner, a
Deputy Commissioner, or a person authorised by the Commissioner, a Second
Commissioner or a Deputy Commissioner, from:

   (a)  divulging or communicating to a court any information obtained under
        or for the purposes of such an Act; or

   (b)  producing in court a document obtained or made under or for the
        purposes of such an Act where it is necessary to do so for the purpose
        of carrying into effect the provisions of this Act.

(8) A person to whom this section applies must, if and when required by the
Commissioner, a Second Commissioner or a Deputy Commissioner to do so, make an
oath or declaration, in a manner and form specified by the Commissioner in
writing, to maintain secrecy in accordance with this section.