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Public Sector Management Act
242Authorisation to share protected information
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242 Authorisation to share protected information
(1) This section applies despite any other territory law.
(2) An information holder is authorised to disclose protected information
to the following people, if the protected information is required by the
person for the exercise of a function under this Act or an industrial
instrument:
(a) another information holder;
(b) a person authorised by an information holder to receive the
information.
disclose includes communicate or publish.
information means information, whether true or not, in any form and
includes an opinion and advice.
information holder means—
(a) a person who is or has been—
(i) the head of service; or
(ii) a director-general; or
(iii) the commissioner; or
(iv) a public sector employer; or
(v) an employer prescribed under section 156 (1) (b); and
(b) a person who exercises or has exercised a function on behalf of
the Territory under public sector employment legislation.
protected information means information about a person that is
disclosed to, or obtained by, an information holder because of the
exercise of a function under the public sector employment legislation
by the information holder or someone else.
Examples
1 a record kept by the head of service for managing an employment matter
2 information about whether the person is eligible for an SES position
3 information about a public servant disclosed in relation to a strategy designed
to ensure the Territory is an equitable employer
public sector employment legislation means—
(a) this Act; and
(b) the Fair Work Act 2009 (Cwlth); and
(c) an industrial instrument; and
(d) any other law prescribed by regulation.