Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) In this section:
"court" includes a tribunal, authority or person having power to require the production of documents or the answering of questions.
"divulge" includes communicate.
"produce" includes allow access to.
"protected information" means information about a person that is disclosed to an employer because of the person satisfying the person's obligations under section 128, section 129, section 130 or section 131.
(2) An employer commits an offence if—
(a) the employer—
(i) makes a record of protected information about someone else; and
(ii) is reckless about whether the information is protected information about someone else; or
(b) the employer—
(i) does something that divulges protected information about someone else; and
(ii) is reckless about whether—
(A) the information is protected information about someone else; and
(B) doing the thing would result in the information being divulged to someone else.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(3) Subsection (2) does not apply if the record is made, or the information is divulged—
(a) under this Act or another territory law; or
(b) in relation to the exercise of a function as an employer.
(4) Subsection (2) does not apply to the divulging of protected information about someone with the person's consent.
(5) Subsection (2) does not apply if the information is divulged for law enforcement functions or activities and then only to an entity prescribed by regulation.
(6) Subsection (2) does not apply if the information is divulged to a court in a legal proceeding or under an order of a court.
(7) Subsection (2) does not apply if the
information is divulged to a lawyer to obtain legal advice or representation
relating to a matter under this Act.