65AAProtection of information—Commissioner’s functions etc.

#### 65AA Protection of information—Commissioner’s functions etc. Definitions (1) In this section: > entrusted person means any of the following: (a) the Commissioner; (b) a delegate of the Commissioner; (c) a person acting under the direction or authority of the Commissioner; (d) a member of staff assisting the Commissioner. > protected information means information that was obtained by an entrusted person in connection with the performance of functions or duties, or the exercise of powers, under: (a) paragraph 40(1)(b) or (c); or (b) section 41; or (c) any other provision of this Act or the determinations prescribed by the determinations for the purposes of this paragraph. Prohibition on disclosure or other use of protected information (2) Except as authorised by this section or the determinations, a person who is, or was, an entrusted person must not, directly or indirectly, make a record of, disclose or otherwise use protected information. > Note: Section 122.4 of the Criminal Code creates an offence in relation to the disclosure of information by Commonwealth officers. Authorised disclosure or other use of protected information (3) An entrusted person may make a record of, disclose or otherwise use protected information for the purposes of, or in connection with, the performance of functions or duties, or the exercise of powers, under this Act or the determinations. Authorised disclosure of protected information by the Commissioner (4) The Commissioner may disclose protected information in a report prepared for purposes connected with the performance of the functions, or the exercise of the powers, of the Commissioner under this Act or the determinations, if the Commissioner is satisfied that the disclosure is necessary for the purpose of setting out the grounds for the conclusions and recommendations contained in the report. (5) Subject to subsection (6), the Commissioner may disclose protected information to a person, or to the public or a section of the public, if the Commissioner is satisfied that: (a) the disclosure: (i) is in the interests of a Department or a person; or (ii) is in the public interest; and (b) the disclosure is not likely to interfere with a review or inquiry under this Act or the determinations. (6) The Commissioner must not disclose the name of an individual, or any other material that would enable an individual to be identified, in protected information that is disclosed under subsection (5), unless the Commissioner is satisfied that the disclosure is fair and reasonable in all the circumstances. Compellability of entrusted persons to give evidence (7) A person who is, or was, an entrusted person is not compellable to disclose protected information in any proceeding: (a) before a court (whether exercising federal jurisdiction or not); or (b) before a person authorised by a law of the Commonwealth or a State or Territory, or by consent of the parties, to hear, receive and examine evidence.