Parliamentary Service Determination 2024
141Use and disclosure of personal information
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141 Use and disclosure of personal information
(1) This section is made for the purposes of paragraph 65AE(a) of the Act.
Use or disclosure by Secretary
(2) A Secretary may use personal information that is in the possession, or under the control, of the Secretary, if the use is necessary for, or relevant to, the exercise of the employer powers of the Secretary.
(3) A Secretary may disclose personal information that is in the possession, or under the control, of the Secretary if the disclosure is necessary for, or relevant to:
(a) the exercise of the employer powers of the Secretary or another Secretary; or
(b) the exercise of a power or performance of a function of the Parliamentary Service Commissioner; or
(c) the exercise of a power or performance of a function of the Merit Protection Commissioner; or
(d) the performance of a function of an ISAC.
Use or disclosure by Parliamentary Service Commissioner
(4) The Parliamentary Service Commissioner may use personal information that is in the possession, or under the control, of the Parliamentary Service Commissioner if:
(a) the information was obtained as part of the Parliamentary Service Commissioner’s review or inquiry functions; and
(b) the use is necessary for, or relevant to, an inquiry relating to the Code of Conduct conducted by the Parliamentary Service Commissioner.
(5) The Parliamentary Service Commissioner may disclose personal information in the possession, or under the control, of the Parliamentary Service Commissioner if:
(a) the information was obtained as part of the Parliamentary Service Commissioner’s review or inquiry functions; and
(b) the disclosure is necessary for, or relevant to, a Secretary’s consideration of alleged misconduct by a Parliamentary Service employee.
Disclosure by Merit Protection Commissioner
(6) The Merit Protection Commissioner may disclose personal information that is in the possession, or under the control, of the Merit Protection Commissioner if:
(a) the information was obtained by the Merit Protection Commissioner:
(i) during a review of an action conducted by a PRC or the Merit Protection Commissioner under this instrument; or
(ii) in the performance of the Merit Protection Commissioner’s inquiry functions; and
(b) the disclosure is necessary for, or relevant to, a Secretary’s consideration of alleged misconduct by a Parliamentary Service employee.
Note: This section constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws (including the common law).