Commissioner may disclose information (other than intelligence information)
48 Commissioner may disclose information (other than intelligence information)
Authorisation to disclose
The Commissioner may disclose information (including personal information) to an entity specified in subsection (2) if:
the information was given to the Commissioner in accordance with a notice under section 31 or 33, or in accordance with section 44 or 45; and
the Commissioner is satisfied that the information will assist the entity to perform any of its functions or exercise any of its powers; and
in the case of an entity specified in any of paragraphs (2)(m) to (p) of this section—the Commissioner is satisfied that the function or power mentioned in paragraph (b) of this subsection is connected with:
suicide among veterans; or
suicide prevention and wellbeing outcomes for veterans; and
in any case—the information is not intelligence information.
The entities are the following:
the Attorney‑General of the Commonwealth, a State or a Territory;
the Australian Federal Police;
the police force of a State or Territory;
the Director of Public Prosecutions or a person performing a similar function under a law of a State or Territory;
a Special Prosecutor appointed under the Special Prosecutors Act 1982;
a Royal Commission or a body with functions equivalent to a Royal Commission;
the Inspector‑General of the Australian Defence Force;
if the information relates, or may relate, to the contravention, or evidence of a contravention, of a law of the Commonwealth, a State or a Territory—an entity responsible for the administration or enforcement of the law;
the Australian Crime Commission;
the National Anti‑Corruption Commissioner;
the Defence Force Ombudsman;
a coroner or a coroners’ court;
any other Commonwealth company;
any other Commonwealth entity;
any other State body or Territory body;
any other individual who holds an office or appointment under a law of the Commonwealth, a State or a Territory.
Coronial inquiries
If the Commissioner believes that the disclosure of information under subsection (1) to an entity specified in any of paragraphs (2)(m) to (p) may prejudice a current or future coronial inquiry, the Commissioner must consider consulting the following before disclosing the information:
for a current coronial inquiry—the coroner conducting the inquiry;
for a future coronial inquiry—the head of the relevant coronial jurisdiction.
State or Territory police investigations
If the Commissioner believes that the disclosure of information under subsection (1) to an entity specified in any of paragraphs (2)(m) to (p) may prejudice current or future investigations by a police force of a State or Territory, the Commissioner must consider consulting the head (however described) of the police force of the State or Territory before disclosing the information.
Authorisation for agencies and bodies to use and disclose information
An entity to which information is disclosed under subsection (1) may use and disclose the information for the purposes for which the information was disclosed under that subsection.
Contravention of a law
A reference in paragraph (2)(h) to a contravention of a law is a reference to a contravention for which a person may be liable to:
a criminal penalty; or
a civil or administrative penalty.
This Act’s bill:Explanatory memorandumSecond reading speech
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