South Australian Consolidated Acts

FAIR WORK ACT 1994 - SECT 219

219—Confidentiality

        (1)         A person employed or formerly employed in an office or position under this Act, or authorised under this Act to enter a workplace or inspect an employer's records, must not divulge—

            (a)         information acquired through the employment, or the exercise of the authorised powers, about the contents of records kept by an employer under this Act; or

            (b)         information of a confidential nature acquired through the employment, or the exercise of the authorised powers, about the conduct of an employer's business; or

            (c)         information acquired through the employment, or the exercise of the authorised powers, about the persons bound by enterprise agreements.

Maximum penalty: $5 000.

        (2)         However, this section does not prevent—

            (a)         the disclosure of information in the ordinary course of employment; or

            (b)         the disclosure of information to the Court, the Commission or the Employee Ombudsman; or

            (c)         the disclosure of information required by law; or

            (d)         the use of information for the purpose of compiling statistical records; or

            (da)         the disclosure to an employee or former employee of information required to be kept under this Act in relation to the employee or former employee; or

            (e)         a disclosure of information required by the Minister.