9.2Use and disclosure of personal information (Act s 72E)

9.2 Use and disclosure of personal information (Act s 72E)

(1) For paragraph 72E(a) of the Act, an Agency Head may use personal information in the possession, or under the control, of the Agency Head, if the use is necessary for, or relevant to, the performance or exercise of the employer powers of the Agency Head. (2) For paragraph 72E(a) of the Act, an Agency Head may disclose personal information in the possession, or under the control, of the Agency Head if the disclosure is necessary for, or relevant to: (a) the performance or exercise of the employer powers of the Agency Head or another Agency Head; or (b) the exercise of a power or performance of a function of the Australian Public 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. (3) For paragraph 72E(a) of the Act, the Merit Protection Commissioner may disclose personal information in the possession, or under the control, of the Merit Protection Commissioner if: (a) the information was obtained by the Merit Protection Commissioner during the course of a PRC or review of action; and (b) the disclosure is necessary for, or relevant to, an Agency Head’s consideration of alleged misconduct by an APS employee. (4) For paragraph 72E(a) of the Act, the Australian Public Service Commissioner may use personal information in the possession, or under the control, of the Australian Public Service Commissioner if: (a) the information was obtained as part of the Australian Public 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 Australian Public Service Commissioner. (5) For paragraph 72E(a) of the Act, the Australian Public Service Commissioner may disclose personal information in the possession, or under the control, of the Australian Public Service Commissioner if: (a) the information was obtained as part of the Australian Public Service Commissioner’s review or inquiry functions; and (b) the disclosure is necessary for, or relevant to, an Agency Head’s consideration of alleged misconduct by an APS employee. (6) Use or disclosure under this regulation must be consistent with any guidelines issued by the Australian Public Service Commissioner after consultation with the Australian Information Commissioner performing the privacy functions.

Note: Privacy functions has the meaning given by section 9 of the Australian Information Commissioner Act 2010.

(7) Use of personal information under this regulation is an authorised use for paragraph 1(c) of Information Privacy Principle 10 set out in section 14 of the Privacy Act 1988. (8) Disclosure of personal information under this regulation is an authorised disclosure for paragraph 1(d) of Information Privacy Principle 11 set out in section 14 of the Privacy Act 1988.