WORKPLACE RELATIONS ACT 1996 - SECT 165 Identity of parties to ITEAs not to be disclosed

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 165

             (1)  A person commits an offence if:

                     (a)  the person discloses information; and

                     (b)  the information is protected information; and

                     (c)  the discloser has reasonable grounds to believe that the information will identify another person as being, or having been, a party to an ITEA; and

                     (d)  the disclosure is not made by the discloser in the course of performing functions or duties as a workplace agreement official; and

                     (e)  the disclosure is not required or permitted by this Act, by another Act, by regulations made for the purposes of this paragraph or another provision of this Act or by regulations made for the purposes of another Act; and

                      (f)  the person whose identity is disclosed has not, in writing, authorised the disclosure.

Penalty:  Imprisonment for 6 months.

          (1A)  To avoid doubt, a disclosure in accordance with subsection (1) of personal information (within the meaning of the Privacy Act 1988 ) is taken, for the purposes of that Act, to be authorised by law.

             (2)  In this section:

"protected information , in relation to a person, " means information that the person acquired:

                     (a)  in the course of performing functions or duties, or exercising powers, as a workplace agreement official; or

                     (b)  from a workplace agreement official who acquired the information as mentioned in paragraph (a).