67Secrecy

#### 67 Secrecy Duties of non‑disclosure (1) The ESRA Board may make a written determination creating duties of non‑disclosure for the purposes of the application of section 70 of the Crimes Act 1914 to case managers. > Note: Section 70 of the Crimes Act 1914 deals with disclosure of information by Commonwealth officers. Under paragraph (c) of the definition of Commonwealth officer in subsection 3(1) of the Crimes Act 1914, a person, such as a case manager, who performs services for or on behalf of a public authority under the Commonwealth (such as ESRA) is treated as a Commonwealth officer. Limitation on creation of duties of non‑disclosure (2) A duty created under subsection (1) must relate to facts or documents that: (a) are connected with the provision, or anticipated provision, of case management services by a case manager to a person referred to the case manager under Part 4.3; and (b) relate to the affairs of a person who is or has been so referred to the case manager. Disallowable instrument (3) A determination under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.