61Information sharing between the PWSS, IPSC and other entities and persons

61 Information sharing between the PWSS, IPSC and other entities and persons

Authorisation to disclose information—to and by various entities and persons (1) The PWSS or IPSC may disclose information (including personal information) to: (a) another Commonwealth entity; or (b) an individual who holds any office or appointment under a law of the Commonwealth; or (ba) a Presiding Officer; if the disclosure is reasonably necessary to assist the entity, individual or Presiding Officer to: (c) perform any of the functions or activities of the entity, individual or Presiding Officer; or (d) exercise any of the powers of the entity, individual or Presiding Officer. (1A) The IPSC may also disclose information (including personal information) to a State or Territory law enforcement entity if the disclosure is reasonably necessary to assist the entity to: (a) perform any of the functions or activities of the entity; or (b) exercise any of the powers of the entity. (2) A Commonwealth entity, an individual who holds any office or appointment under a law of the Commonwealth, or a Presiding Officer may disclose information (including personal information) to the PWSS or IPSC if the disclosure is reasonably necessary to assist: (a) the PWSS or IPSC to perform any of its functions or exercise any of its powers; or (b) the CEO to perform any of the CEO’s functions or exercise any of the CEO’s powers; or (c) a Commissioner to perform any of the Commissioner’s functions or exercise any of the Commissioner’s powers. Authorisation to disclose information—between PWSS and IPSC (2A) The PWSS may disclose information (including personal information) to the IPSC if the disclosure is reasonably necessary to assist: (a) the IPSC to perform any of its functions or exercise any of its powers; or (b) a Commissioner to perform any of the Commissioner’s functions or exercise any of the Commissioner’s powers. (2B) The IPSC may disclose information (including personal information) to the PWSS if the disclosure is reasonably necessary to assist: (a) the PWSS to perform any of its functions or exercise any of its powers; or (b) the CEO to perform any of the CEO’s functions or exercise any of the CEO’s powers. Parliamentarians not taken to be office‑holders etc. (3) To avoid doubt, a parliamentarian does not hold an office or appointment under a law of the Commonwealth for the purposes of paragraph (1)(b) or subsection (2). Rules applying to disclosures (4) Information may be disclosed under subsection (1), (1A), (2), (2A) or (2B) on the initiative, or at the request, of the PWSS, IPSC, Commonwealth entity, individual, Presiding Officer, or State or Territory law enforcement entity (as the case requires). (5) Subsections (1) to (2B) do not apply to a disclosure of information if: (a) the disclosure would, apart from this section, constitute an offence against a law of the Commonwealth; and (b) that law does not contain an exception or defence for a disclosure authorised by a law of the Commonwealth. (5A) Subsection (1) does not apply to a disclosure of information by the IPSC to a person or entity if: (a) the information relates to a conduct complaint or a conduct issue referral; and (b) the person or entity is the employer of: (i) the complainant; or (ii) the respondent for the conduct issue concerned; and (c) the complainant does not consent to the disclosure. (5B) Subsections (1) and (1A) do not apply to a disclosure of information by the IPSC to the Australian Federal Police, or the police force or police service of a State or Territory, if the information relates to a conduct issue involving conduct that may constitute a serious offence against a person, unless: (a) the person consents to the disclosure; or (b) the disclosure is for the purposes of deciding how to deal with the issue; or (c) the disclosure is required by or under another law of the Commonwealth, a law of a State or a Territory, or a court/tribunal order. (6) Before disclosing information under subsection (1) that was obtained by the PWSS in the course of performing its review function under section 19 (as in force immediately before the repeal of that section by the Parliamentary Workplace Support Service Amendment (Independent Parliamentary Standards Commission) Act 2024), the PWSS must have regard to whether the disclosure would be likely to result in harm to an individual to whom the information relates (other than mere damage to the individual’s reputation). Authorisation to use information (7) Information disclosed to a person or entity under subsection (1), (1A), (2), (2A) or (2B) may be used by the person or entity for the purposes of performing the functions, or exercising the powers, of the person or entity.