(1) 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.
(2) 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 |
Note: The expressions APS employee , SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.