Commonwealth Consolidated Acts

PARLIAMENTARY WORKPLACE SUPPORT SERVICE ACT 2023 - SECT 24FH

Confidentiality notices

  (1)   The responsible Commissioner or Commissioners may, by written notice given to a person (the recipient ), impose such conditions on:

  (a)   the making of a record of the information by the recipient or other persons; and

  (b)   the disclosure of the information by the recipient or other persons;

as the responsible Commissioner or Commissioners considers appropriate to do any or all of the following:

  (c)   prevent prejudice to:

  (i)   any process, or any action, taken in accordance with Division   3, 4 or 5; or

  (ii)   the fair trial of any person or the impartial adjudication of a matter; or

  (iii)   the proper enforcement of the law;

  (d)   protect the identity of:

  (i)   a complainant, respondent or any other person affected by the conduct issue; or

  (ii)   any person who has given, or who the responsible Commissioner or Commissioners reasonably believe may give, information to the responsible Commissioner or Commissioners in connection with the conduct issue;

  (e)   prevent unreasonable detriment to a complainant, respondent or any other person affected by the conduct issue;

  (f)   prevent the publication of sensitive information.

  (2)   A notice under subsection   (1) must:

  (a)   set out the effect of sections   24FI (disclosures etc. to which confidentiality notices do not apply) and 24FJ (offence--failure to comply with confidentiality notice); and

  (b)   specify the period for which a condition is in force.

Period of notice

  (3)   The period specified in the notice must end:

  (a)   if paragraph   (b) does not apply--no later than the end of the day on which the conduct issue is concluded; or

  (b)   if the responsible Commissioner or Commissioners are satisfied that it is appropriate for the period to end at a later time in order to do any or all of the things mentioned in paragraphs   (1)(c) to (f)--that later time.

  (4)   For the purposes of paragraph   (3)(a), a conduct issue is concluded :

  (a)   if a decision on the issue is made under section   24CY and an application under section   24DA for review of the decision is made within the period specified in paragraph   24DA(4)(c)--when that application is finally determined; or

  (b)   if a decision on the issue is made under section   24CY and an application under section   24DA for review of the decision is not made within the period specified in paragraph   24DA(4)(c)--when that period ends; or

  (c)   otherwise--when the issue is dealt with in accordance with section   24CF.