58General obligations of closing employers and dependent employers

58  General obligations of closing employers and dependent employers

 (1) A closing employer or dependent employer specified in a community of interest determination that is in force must:

 (a) seek expressions of interest from each transition employee of the employer in finding other employment; and

 (b) provide information to each transition employee of the employer about the employer’s obligations under section 59; and

 (ba) inform each transition employee of the employer that, if the employee becomes a participating employee of the employer, personal information about the employee may be given to the CEO under section 64 or disclosed by the CEO under section 66; and

 (c) cooperate with the CEO and the staff of the Authority in the administration of this Part (including by complying with section 64).

Note: Australian Privacy Principle 6 in Schedule 1 to the Privacy Act 1988 has the effect that, if a closing employer or dependent employer is an APP entity (within the meaning of that Act) and holds personal information about a transition employee that was collected for a particular purpose, the employer must not use or disclose the information for another purpose unless:

(a) the employee has consented to the use or disclosure of the information; or

(b) the use or disclosure of the information is required or authorised by or under an Australian law or a court/tribunal order; or

(c) that use or disclosure is otherwise authorised by that Principle.

 (2) Paragraphs (1)(a), (b) and (ba) do not apply to a closing employer or dependent employer at a time when there are no transition employees of the employer.