Part 5ADMINISTRATION

PART 5—ADMINISTRATION General administration of Act 37. The Commissioner has the general administration of this Act. Annual report and financial statements 38. (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 39. (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 (c) an officer or employee of: (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: (c) under or for the purposes of this Act; or (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. (3) Subsection (2) does not prevent the Commissioner, a Second Commissioner or a Deputy Commissioner or a person authorised by the Commissioner, a Second Commissioner or a Deputy Commissioner from divulging or communicating any protected information: (a) to the training advisory body, or an officer or employee of the training advisory body, for the purposes of the administration of this Act; or (b) to a person performing, as a person to whom this section applies, duties under or in relation to an Act of which the Commissioner has the general administration, or under regulations made under such an Act, for the purpose of enabling the person to perform the duties. (4) A person divulges or communicates protected information to a person in contravention of subsection (2) if the person divulges or communicates the information to any Minister. (5) A person to whom this section applies is not required: (a) to divulge or communicate protected information to a court; or (b) to produce a protected document in court; except where it is necessary to do so for the purpose of carrying into effect the provisions of this Act. (6) Nothing in an Act of which the Commissioner has the general administration is taken to prohibit the Commissioner, a Second Commissioner, a Deputy Commissioner, or a person authorised by the Commissioner, a Second Commissioner or a Deputy Commissioner, from divulging or communicating any information to a person performing, as a person to whom this section applies, duties under or in relation to this Act for the purpose of enabling the person to perform the duties. (7) Nothing in an Act of which the Commissioner has the general administration is taken to prohibit the Commissioner, a Second Commissioner, a Deputy Commissioner, or a person authorised by the Commissioner, a Second Commissioner or a Deputy Commissioner, from: (a) divulging or communicating to a court any information obtained under or for the purposes of such an Act; or (b) producing in court a document obtained or made under or for the purposes of such an Act; where it is necessary to do so for the purpose of carrying into effect the provisions of this Act. (8) A person to whom this section applies must, if and when required by the Commissioner, a Second Commissioner or a Deputy Commissioner to do so, make an oath or declaration, in a manner and form specified by the Commissioner in writing, to maintain secrecy in accordance with this section.