Authorisation to share protected information
242 Authorisation to share protected information
This section applies despite any other territory law.
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:
another information holder;
a person authorised by an information holder to receive the information.
In this section:
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 person who is or has been—
the head of service; or
a director-general; or
the commissioner; or
a public sector employer; or
an employer prescribed under section 156 (1) (b); and
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—
this Act; and
the Fair Work Act 2009 (Cwlth); and
an industrial instrument; and
any other law prescribed by regulation.
A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including a management standard (see Legislation Act, s 104).
This Act’s bill:Explanatory statement
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