51Entrusted persons may disclose protected information

51  Entrusted persons may disclose protected information

 (1) An entrusted person may disclose protected information if:

 (a) the person has obtained the information in the person’s capacity as an entrusted person; and

 (b) the information is disclosed in accordance with this section.

Note: Disclosure of protected information by an entrusted person other than in accordance with this section is an offence: see section 70.

Disclosure in the public interest

 (2) An entrusted person may disclose protected information if the Commissioner:

 (a) is satisfied that it is necessary in the public interest to disclose the information; and

 (b) notifies the entrusted person, either orally or in writing, that the Commissioner is so satisfied.

 (3) If notification is given orally, the Commissioner must make a written record of the notification as soon as practicable after the notification is given, and no later than 48 hours after the notification is given.

Disclosure to person to whom information relates

 (4) An entrusted person may disclose protected information to the person to whom the information relates.

Disclosure for purposes of proceedings

 (5) An entrusted person may disclose protected information to a court or tribunal, or in accordance with an order of a court or tribunal, for the purposes of proceedings.

Disclosure to integrity agency

 (6) An entrusted person may disclose protected information to any of the following persons for the purposes of that person exercising the person’s powers, or performing the person’s functions:

 (a) the Commonwealth Ombudsman or another officer within the meaning of subsection 35(1) of the Ombudsman Act 1976;

 (b) the Australian Information Commissioner, a member of the staff of the Office of the Australian Information Commissioner or a consultant engaged under the Australian Information Commissioner Act 2010;

 (c) the Inspector‑General of the Australian Defence Force or a member of staff engaged under section 110O of the Defence Act 1903;

 (d) the Inspector‑General of Intelligence and Security or an IGIS official.

Disclosure for purposes of preventing serious threat to safety, health or well‑being

 (7) An entrusted person may disclose protected information if the disclosure is necessary to lessen or prevent a serious threat to the safety, health or well‑being of a person or persons.

Disclosure for purposes of enforcement related activity

 (8) An entrusted person may disclose protected information to an enforcement body, if the person reasonably believes that the disclosure is reasonably necessary for, or directly related to, one or more enforcement related activities being conducted by, or on behalf of, that enforcement body.