103Use and disclosure of personal information

#### 103 Use and disclosure of personal information (1) This section is made for the purposes of paragraph 72E(a) of the Act. Use or disclosure by Agency Head (2) An Agency Head may use personal information that is in the possession, or under the control, of the Agency Head in circumstances where the use is necessary for, or relevant to, the exercise of the employer powers of the Agency Head. (3) An Agency Head may disclose personal information that is in the possession, or under the control, of the Agency Head in circumstances where the disclosure is necessary for, or relevant to: (a) the 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 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 Australian Public Service Commissioner (4) The Australian Public Service Commissioner may use personal information that is in the possession, or under the control, of the Australian Public Service Commissioner in circumstances where: (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) The Australian Public Service Commissioner may disclose personal information that is in the possession, or under the control, of the Australian Public Service Commissioner in circumstances where: (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. 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 in circumstances where: (a) the information was obtained by the Merit Protection Commissioner: (i) during a review of an action conducted by the Merit Protection Commissioner, or a person nominated by the Merit Protection Commissioner as the reviewer of the action, 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, an Agency Head’s consideration of alleged misconduct by an APS employee. > Note: This section constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws (including the common law).