16Secrecy

#### 16 Secrecy (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 Minister; or (aa) the Human Services Minister; or (b) appointed or employed by, or a provider of services for, the Commonwealth; or (c) a person to whom protected information has been communicated under subsection (3), (4) or (4G); or (d) a person to whom protected information is communicated by: (i) a person to whom the information was communicated under subsection (3) or (4); or (ii) a person mentioned in this paragraph; or (e) a person to whom this section applied immediately before the commencement of Schedule 5 to the Child Support Legislation Amendment Act 2001. > produce includes permit access to. > protected document means: (a) a document that: (i) contains information that concerns a person; and (ii) is obtained or made by another person in the course of, or because of, the other person’s duties under or in relation to this Act; or (b) a document to which paragraph (a) applied that is communicated to a person in circumstances authorised by this section. > protected information means: (a) information that: (i) concerns a person; and (ii) is disclosed to or obtained by another person in the course of, or because of, the other person’s duties under or in relation to this Act; or (b) information to which paragraph (a) applied that is communicated to a person in circumstances authorised by this section. > relevant Minister means: (a) the Minister; or (aa) the Human Services Minister; or (b) the Prime Minister. (2) Subject to this section, a person to whom this section applies must not: (a) make a record of any protected information; or (b) whether directly or indirectly, communicate to a person any protected information concerning another person. Penalty: Imprisonment for 1 year. (2A) Subsection (2) does not apply if the record is made, or the information is communicated: (a) under or for the purposes of this Act; or (aa) for the purposes of a centrelink program; or (ab) for the purposes of a medicare program; or (b) in the performance of duties, as a person to whom this section applies, under or in relation to this Act; or (c) for the purpose for which the information was communicated under this section. (2AAA) Subsection (2) does not apply to the making of a record of information with the express or implied authorisation of the person to whom the information relates. (2AA) Subsection (2) does not prevent: (a) the ART from communicating the reasons for a decision of the ART to the Secretary or a person authorised by the Secretary or to the Human Services Secretary or a person authorised by the Human Services Secretary; or (b) the Secretary from communicating the reasons for a decision of the ART to a person authorised by the Secretary; or (c) the Human Services Secretary from communicating the reasons for a decision of the ART to a person authorised by the Human Services Secretary. (2AB) Subsection (2) does not prevent the ART from publishing in written or electronic form the reasons for a decision of the ART on ART review if the publication does not identify: (a) a party to the review concerned (other than the Registrar); or (b) a person (other than the Registrar) who is related to, or associated with, a party to the review concerned or is, or is alleged to be, in any other way concerned in the matter to which the review concerned relates; or (c) a witness in the review concerned. (2AC) Without limiting subsection (2AB), a publication of reasons for a decision of the ART is taken to identify a person if it contains any particulars of: (a) the name, title, pseudonym or alias of the person; or (b) the address of any premises at which the person resides or works, or the locality in which any such premises are situated; or (c) the physical description or the style of dress of the person; or (d) any employment or occupation engaged in, profession practised or calling pursued, by the person or any official or honorary position held by the person; or (e) the relationship of the person to identified relatives of the person or the association of the person with identified friends or identified business, official or professional acquaintances of the person; or (f) the recreational interests, or the political, philosophical or religious beliefs or interests, of the person; or (g) any real or personal property in which the person has an interest or with which the person is otherwise associated; and the particulars are sufficient to identify that person to a member of the public, or to a member of the section of the public to which the publication is disseminated, as the case requires. (3) Subsection (2) does not prevent the Registrar, or a person authorised by the Registrar, from communicating any protected information: (a) to the Secretary, or an officer or employee of the Department, for the purpose of the administration of this Act; or (b) to the Secretary of the Department or the Veterans’ Affairs Department, or an officer or employee of either Department, for the purpose of the administration of any law of the Commonwealth relating to pensions, allowances or benefits; or (ba) to: (ia) the Human Services Secretary; or (i) the Chief Executive Centrelink; or (ii) a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997); for the purpose of the administration of this Act or of any other law of the Commonwealth relating to pensions, allowances or benefits; or (c) to a person performing, as a person to whom this section applies, duties under or in relation to this Act or the Assessment Act, or under regulations made under either Act, for the purpose of enabling the person to perform the duties; or (ca) 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 those duties; or (d) to the Secretary of the Attorney‑General’s Department, or an officer or employee of that Department, for the purpose of: (i) the enforcement outside Australia of registrable maintenance liabilities; or (ii) the enforcement within Australia of maintenance liabilities that arose under the law of a foreign country; or (e) to any person, if the information concerns a credible threat to the life, health or welfare of a person and either of the following applies: (i) the Registrar, or the person authorised by the Registrar, believes on reasonable grounds that the communication is necessary to prevent or lessen the threat; (ii) there is reason to suspect that the threat may afford evidence that an offence may be, or has been, committed against a person and the information is communicated for the purpose of preventing, investigating or prosecuting such an offence; or (f) to a person who is authorised to obtain the information by the person to whom the information relates. (3A) Subsection (2) does not prevent a member of the ART from communicating any protected information to a person, if the information concerns a threat to the life, health or welfare of a person and either of the following applies: (a) the member believes on reasonable grounds that the communication is necessary to prevent or lessen the threat; (b) there is reason to suspect that the threat may afford evidence that an offence may be, or has been, committed against a person and the member communicates the information for the purpose of preventing, investigating or prosecuting such an offence. (4) Subsection (2) does not prevent the Registrar, or a person authorised by the Registrar, from communicating any protected information to a person if: (a) the information cannot reasonably be obtained from a source other than the Department or the Human Services Department; and (b) the person to whom the information will be communicated has sufficient interest, within the meaning of subsection (4A), in the information; and (c) the Registrar, or a person authorised by the Registrar, is satisfied that the communication is for the purpose of subsection (4B), (4C), (4D), (4E) or (4F). (4A) A person has sufficient interest in protected information if: (a) the Registrar, or the person authorised by the Registrar, is satisfied that, in relation to the purpose of the communication, the person has a genuine and legitimate interest in the information; or (b) the person is a relevant Minister. (4B) A communication of protected information is for the purpose of this subsection if: (a) the communication is necessary to correct a mistake of fact in relation to the administration of this Act; and (b) the integrity of that administration will be at risk if the mistake of fact is not corrected. (4C) A communication of protected information is for the purpose of this subsection if the communication is necessary: (a) to brief a relevant Minister so that the Minister can consider or respond to complaints or issues raised with the Minister by or on behalf of a person (in writing or orally); or (b) to brief a relevant Minister for a meeting or forum that the Minister is to attend; or (c) to brief a relevant Minister in relation to issues raised or proposed to be raised publicly by or on behalf of the person to whom the information relates so that the Minister can respond by correcting a mistake of fact, a misleading perception or impression, a misleading statement or an incorrectly held opinion; or (d) to brief a relevant Minister about a possible error or delay on the part of the Registrar or an officer or employee of the Department or the Human Services Department; or (e) to brief a relevant Minister about an instance of an anomalous or unusual operation of this Act. (4D) A communication of protected information is for the purpose of this subsection if: (a) the information is about a missing person; and (b) the communication is necessary: (i) to assist a court, coronial enquiry, Royal Commission, department or authority, of the Commonwealth, a State or a Territory, in relation to the whereabouts of the missing person; or (ii) to locate a person (including the missing person); and (c) there is no reasonable ground to believe that the missing person would not want the information communicated. (4E) A communication of protected information is for the purpose of this subsection if: (a) the information is about a deceased person; and (b) the communication: (i) is necessary to assist a court, coronial enquiry, Royal Commission, department or authority, of the Commonwealth, a State or a Territory, in relation to the death of the person; or (ii) is necessary to help a person locate a relative or beneficiary of the deceased person; or (iii) is in relation to the administration of the estate of the deceased person; and (c) there is no reasonable ground to believe that the deceased person would not have wanted the information communicated. (4F) A communication of protected information is for the purpose of this subsection if the information is to establish: (a) the death of a person; or (b) the place where the death of a person is registered. (4G) Subsection (2) does not prevent the Registrar, or a person authorised by the Registrar, from communicating any protected information to a person if: (a) the person to whom the information will be communicated is a payee of a registered maintenance liability or carer liability who has notified the Registrar, in accordance with section 113A, of the payee’s intention to institute a proceeding in accordance with that section; and (b) the information is communicated for the purpose of the proceeding. (5) A person to whom this section applies is not required: (a) to 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 purposes of this Act. (5A) Subsections (2) and (5) apply to information communicated under paragraph (3)(d) or (e) as if the purposes referred to in those paragraphs were purposes of this Act. (6) Nothing in an Act of which the Commissioner has the general administration is to be 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 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 to be 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) 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 Registrar to do so, make an oath or declaration, in a manner and form specified by the Registrar in writing, to maintain secrecy in accordance with this section. (9) This section has effect subject to subsection 67N(10) of the Family Law Act 1975.