770Authority to disclose

770 Authority to disclose

(1) In this regulation:

authorizing officer means:

(a) the Minister;

(b) the Chief of Personnel;

(c) a formation commander; or

(d) a person appointed for the purpose of this regulation by the Director General Personnel — Army.

member includes a person who has served in the Army.

(2) An authorizing officer may, on the application of any person:

(a) who is the father, mother, or wife of a member; or

(b) who satisfies the authorizing officer that he has a bona fide interest in ascertaining any facts or particulars regarding the military history of a member;

authorize information as to the medical or other military history of the member to be given to that person.

(3) Every application under this regulation shall be in writing, and shall contain such particulars as are required by an authorizing officer.

(4) An authorizing officer may require any applicant to support his application by such evidence of good character or otherwise as the authorizing officer considers necessary.

(5) An authorizing officer may authorize information to be given to an applicant either unconditionally or subject to such conditions as the authorizing officer specifies.

(6) A person is guilty of an offence if the person:

(a) makes an untrue statement in an application under this regulation, or in a statement or declaration in support of an application; or

(b) having received information subject to a condition, fails to comply with the condition (whether that condition is by way of promise or otherwise).

Penalty: 1 penalty unit.

(6A) An offence against paragraph (6) (b) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

(7) No action or proceeding, civil or criminal shall lie against any member of the Army, nor against any person employed by the Department of Defence, by reason of the fact that he has, in pursuance of this regulation, disclosed information by the authority of an authorizing officer.