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StatuteFair Work Act 2009

Section 718 — Fair Work Act 2009: Disclosure of information by the Office of the Fair Work Ombudsman

Text of the provision Official document

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.

Official source: Federal Register of Legislation

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