Disclosure of information
72G Disclosure of information
This section applies if the Chief of the Defence Force obtains information (including personal information within the meaning of the Privacy Act 1988) as a result of conducting an investigation under section 72C.
The Chief of the Defence Force may disclose the information to a person or entity described in an item of the following table, for a purpose described in that item, if the Chief of the Defence Force reasonably believes that the disclosure will serve that purpose.
Recipients and purposes of disclosure | ||
|---|---|---|
Item | Person or entity to which disclosure may be made | Purpose for which disclosure may be made |
1 | a person (or the person’s legal representative) who made a complaint under section 72B relevant to the investigation | the disclosure is reasonably necessary for the purpose of: (a) informing the person of the results of the investigation; or (b) the person applying to, or deciding whether to apply to, a court of competent jurisdiction under section 73, 75 or 76 |
2 | a person (or the person’s legal representative): (a) alleged to have contravened a provision of this Act; or (b) suspected of contravening a provision of this Act | the disclosure is reasonably necessary for the purpose of informing the person of the results of the investigation |
3 | any of the following: (a) the Secretary of the Department; (b) an SES employee, or acting SES employee, in the Department; (c) an APS employee in the Department; (d) a member of the Defence Force | the disclosure is likely to assist the person in the: (a) performance of duties or functions, or the exercise of powers, under this Act; or (b) administration or enforcement of this Act |
4 | an enforcement body within the meaning of the Privacy Act 1988 | sharing the information is reasonably necessary for one or more enforcement related activities (within the meaning of the Privacy Act 1988) conducted by, or on behalf of, the enforcement body |
5 | the Minister | the disclosure is likely to assist the Minister: (a) to consider a complaint or issue in relation to a matter arising under this Act; or (b) in the administration or enforcement of this Act |
The expressions APS employee, SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.
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