CTHRepealedAct
Fair Work (Building Industry) Act 2012
64Disclosure of information by the Director
Start here
Get a plain-English read of 64
Turn the raw legal text into a practical explanation grounded in Fair Work (Building Industry) Act 2012.
#### 64 Disclosure of information by the Director
Information to which this section applies
(1) This section applies to information (other than protected information within the meaning of section 65) that is:
(a) information acquired by the Director in the course of performing functions, or exercising powers, as the Director; or
(b) information acquired by an inspector in the course of performing functions, or exercising powers, as an inspector; or
(c) information acquired by a member of staff referred to in subsection 26K(1) in the course of performing functions, or exercising powers, as a member of staff; or
(d) information acquired by a person in the course of assisting the Director under section 26L, or in the course of performing functions, or exercising powers, as a consultant under section 26M; or
(e) information acquired by a person in the course of assisting an inspector in performing functions, or exercising powers, as an inspector.
Disclosure that is necessary or appropriate, or likely to assist administration or enforcement
(2) The Director may disclose, or authorise the disclosure of, the information if the Director reasonably believes:
(a) that it is necessary or appropriate to do so for the purposes of the performance of the Director’s functions or the exercise of the Director’s powers; or
(b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.
Disclosure to the Minister
(3) The Director may disclose, or authorise the disclosure of, the information to the Minister if the Director reasonably believes that the disclosure is likely to assist the Minister to consider a complaint or issue in relation to a matter arising under this Act, the FW Act or the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
Disclosure to the Department
(4) The Director may disclose, or authorise the disclosure of, the information to:
(a) the Secretary of the Department; or
(b) an SES employee, or an APS employee, in the Department;
for the purpose of briefing, or considering briefing, the Minister if the Director reasonably believes the disclosure is likely to assist the Minister to consider a complaint or issue in relation to a matter arising under this Act, the FW Act or the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
Disclosure to the Fair Work Building Industry Inspectorate Advisory Board
(5) The Director may disclose, or authorise the disclosure of, the information to the Advisory Board if the Director reasonably believes that the disclosure is likely to assist the Advisory Board in performing its role.
Interaction with section 66
(6) Subsections (2) to (4) have effect subject to section 66.