Section 128 — Paid Parental Leave Act 2010: Disclosure of information by Secretary

(1) Despite sections 127A, 129, 130, 131 and 132, the Secretary may disclose information acquired by an officer in the exercise of the officer’s powers, or the performance of the officer’s duties or functions, under this Act or the Regulatory Powers Act as that Act applies in relation to this Act: (a) to such persons and for such purposes as the Secretary determines, if the Secretary certifies that it is necessary in the public interest to do so in a particular case or class of cases; or (b) to an Agency Head for the purposes of that Agency (within the meaning of the Public Service Act 1999); or (c) to a person who is expressly or impliedly authorised by the person to whom the information relates to obtain it; or (d) to the Minister for the purposes of assisting the Minister to consider a complaint or issue in relation to a matter arising under this Act if the Secretary reasonably believes that the disclosure is likely to assist the Minister; or (e) to an SES employee, or an APS employee, in the Department, for the purposes of briefing, or considering briefing, the Minister if the Secretary 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. Note: Information disclosed under this section must also be dealt with in accordance with the Australian Privacy Principles. (2) In giving certificates for the purposes of paragraph (1)(a), the Secretary must act in accordance with guidelines (if any) from time to time in force under subsection (4). (3) In disclosing information under paragraph (1)(b), the Secretary must act in accordance with guidelines (if any) from time to time in force under subsection (4). (4) The Minister may, in the PPL rules, make guidelines for the exercise of either or both of the following: (a) the Secretary’s power to give certificates for the purposes of paragraph (1)(a); (b) the Secretary’s power under paragraph (1)(b). (5) If a determination or certificate under paragraph (1)(a) is made or given in writing, the determination or certificate is not a legislative instrument. (6) Despite any other provision of this Part, the Secretary may disclose information of a kind referred to in paragraph (aa), (ab), (a) or (b) of the definition of protected information in section 6 that relates to a principal to the principal’s payment nominee or correspondence nominee. (7) If: (a) the Secretary or an officer is served with a summons or notice, or is otherwise subject to a requirement, under the Royal Commissions Act 1902; and (b) in order to comply with the summons, notice or requirement, the Secretary or officer would be required to disclose information that is protected information; then, despite sections 127A, 129, 130, 131 and 132 of this Act, the Secretary or officer must, subject to the Royal Commissions Act 1902, disclose that information. The information is taken to have been disclosed for the purposes of the Royal Commissions Act 1902 and of the Royal Commission concerned.