Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 718

Information to which this section applies

  (1)   This section applies to the following information:

  (a)   information acquired by the Fair Work Ombudsman in the course of performing functions, or exercising powers, as the Fair Work Ombudsman;

  (b)   information acquired by an inspector in the course of performing functions, or exercising powers, as an inspector;

  (c)   information acquired by a member of the staff of the Office of the Fair Work Ombudsman in the course of performing functions, or exercising powers, as a member of that staff;

  (d)   information acquired by a person in the course of assisting the Fair Work Ombudsman under section   698, or in the course of performing functions, or exercising powers, as a consultant under section   699;

  (e)   information acquired by a person in the course of assisting an inspector under section   710.

Disclosure that is necessary or appropriate, or likely to assist administration or enforcement

  (2)   The Fair Work Ombudsman may disclose, or authorise the disclosure of, the information if the Fair Work Ombudsman reasonably believes:

  (a)   that it is necessary or appropriate to do so in the course of performing functions, or exercising powers, under this Act; or

  (b)   that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.

Disclosure to the Minister

  (3)   The Fair Work Ombudsman may disclose, or authorise the disclosure of, the information to the Minister if the Fair Work Ombudsman reasonably believes that the disclosure is likely to assist the Minister to consider a complaint or issue in relation to a matter arising under this Act.

Disclosure to the Department

  (4)   The Fair Work Ombudsman may disclose, or authorise the disclosure of, the information to:

  (a)   the Secretary of the Department; or

  (b)   an SES employee, or an APS employee, in the Department;

for the purpose of briefing, or considering briefing, the Minister if the Fair Work Ombudsman reasonably believes the disclosure is likely to assist the Minister to consider a complaint or issue in relation to a matter arising under this Act.