Commonwealth Consolidated Acts

SOCIAL WELFARE COMMISSION (REPEAL) ACT 1976 - SECT 8

(1)

This section applies to:

(a)

every person who has been a Commissioner, a member of a Committee appointed under section 17 of the repealed Act or a member of the staff of the Commission; and

(b)

a person who is, or has been, an officer of the Australian Public Service.

(2)

Subject to this section, a person to whom this section applies shall not, either directly or indirectly:

(a)

make a record of, or divulge or communicate to any person, any information concerning the affairs of another person acquired by the first-mentioned person by reason of his office or employment under or for the purposes of the repealed Act or by virtue of the operation of this Act; or

(b)

produce to any person a document relating to the affairs of another person furnished for the purposes of the repealed Act or under an engagement, arrangement or contract referred to in section 6 of this Act.

Penalty: $1000 or imprisonment for 3 months.

(2A)

Strict liability applies to the following elements of an offence against subsection (2):

(a)

the element that an acquisition of information is an acquisition by reason of the first-mentioned person's office or employment under or for the purposes of the repealed Act or by virtue of the operation of this Act;

(b)

the element that a document is a document furnished for the purposes of the repealed Act or under an engagement, arrangement or contract referred to in section 6 of this Act.

(3)

Subsection (2) does not apply in relation to:

(a)

any act or thing done for purposes connected with the operation of this Act; or

(b)

any act or thing done in the performance of the duties of a person as an officer of the Australian Public Service.

(4)

The Minister may, by writing signed by him, authorize the doing by a person of an act or thing that, but for the authorization, would be a contravention of subsection (2) if the Minister is satisfied that the doing of the act or thing is necessary for the proper planning or administration of a social welfare program or is otherwise in the public interest.

(5)

A person to whom this section applies shall not be required:

(a)

to produce in a court any document relating to the affairs of another person of which he has the possession or custody by reason of his office or employment under or for the purposes of the repealed Act or of which he has the possession or custody, or to which he has access, by virtue of the operation of this Act; or

(b)

to divulge or communicate to a court any information concerning the affairs of another person obtained by him by reason of his office or employment under or for the purposes of the repealed Act or by virtue of the operation of this Act.

(6)

In this section: