59Duty not to disclose information

59  Duty not to disclose information

 (1) This section is made for the purposes of subsection 13(13) of the Act.

 (2) This section does not affect other restrictions on the disclosure of information.

 (3) A Parliamentary Service employee must not disclose information that the employee obtains or generates in connection with the employee’s employment if the information:

 (a) was, or is to be, communicated in confidence:

 (i) to or by the Presiding Officers, a committee of either House or a joint committee, a Senator or a Member of the House of Representatives; or

 (ii) within the Parliamentary Service; or

 (b) was received in confidence from a person or persons outside the Parliament or the Parliamentary Service who has not, or have not, given permission for the disclosure;

whether or not the disclosure would found an action for breach of confidence.

 (4) Subsection (3) does not prevent a disclosure of information by a Parliamentary Service employee if:

 (a) the information is disclosed in the course of the employee’s duties; or

 (b) the information is disclosed in accordance with an authorisation given by:

 (i) a Secretary; or

 (ii) the Parliamentary Librarian in relation to information acquired or created in connection with the functions of the Parliamentary Librarian as set out in section 38B of the Act; or

 (c) the disclosure is otherwise authorised by law; or

 (d) the information:

 (i) is already in the public domain as the result of a disclosure of information that is lawful under this instrument or another law; and

 (ii) can be disclosed without disclosing, expressly or by implication, other information to which subsection (3) applies.

 (5) Subsection (3) does not limit the authority of a Secretary to give lawful and reasonable directions in relation to the disclosure of information.

 (6) Nothing in this section affects the provision of advice to a House, a committee or a member of either House by a Parliamentary Service employee for the purpose of the performance of the duties or functions of a House, a committee or a member of either House.