Part Part 5 - Training Guarantee (Administration) Act 1990 - ADMINISTRATION

Part 5ADMINISTRATION

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PART 5—ADMINISTRATION

General administration of Act

The Commissioner has the general administration of this Act.

Annual report and financial statements

(1) After the end of each year, the Commissioner must give the Treasurer a report on the working of this Act during the year for presentation to the Parliament, together with financial statements in relation to the operation of the Training Guarantee Fund during the year in such form as the Minister for Finance approves in writing.

(2) Financial statements and all records relating to those statements are to be subject to inspection, examination and audit by the Auditor-General.

Secrecy

(1) In this section:

“court” includes any tribunal, authority or person having power to require the production of documents or the answering of questions;

“person to whom this section applies” means a person who is or has been:

(a) the Commissioner, a Second Commissioner or a Deputy Commissioner; or

(b) the training advisory body; or

(i) the branch of the Australian Public Service under the direct control of the Commissioner; or

(ii) the training advisory body; or

(d) otherwise appointed or employed by, or a provider of services for, the Commonwealth;

“produce” includes permit access to;

“protected document” means a document that:

(a) contains information that concerns a person; and

(b) is obtained or made by a person to whom this section applies in the course of, or because of, the person’s duties under or in relation to this Act;

“protected information” means information that:

(a) concerns a person; and

(b) is disclosed to, or obtained by, a person to whom this section applies in the course of, or because of, the person’s duties under or in relation to this Act.

(2) Subject to subsection (3), a person to whom this section applies must not:

(a) make a record of any protected information; or

(b) whether directly or indirectly, divulge or communicate to a person any protected information concerning another person;

unless the record is made, or the information divulged or communicated:

(d) in the performance of duties, as a person to whom this section applies, under or in relation to this Act.

Penalty: Imprisonment for 2 years.