Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 467

Information about employees on roll of voters not to be disclosed

             (1)  A person who:

                     (a)  is the protected action ballot agent for a protected action ballot (other than the Australian Electoral Commission); or

                     (b)  is the independent advisor for a protected action ballot; or

                     (c)  acquires information from, or on behalf of, a person referred to in paragraph (a) or (b) in the course of performing functions or exercising powers for the purposes of the ballot;

must not disclose to any other person information about an employee who is on the roll of voters for the ballot if the information will identify whether or not the employee is a member of an employee organisation.

Note:          This subsection is a civil remedy provision (see Part 4-1).

             (2)  Subsection (1) does not apply if:

                     (a)  the disclosure is made in the course of performing functions or exercising powers for the purposes of the protected action ballot; or

                     (b)  the disclosure is required or authorised by or under a law; or

                     (c)  the employee has consented, in writing, to the disclosure.

Note 1:       Personal information given to the FWC, the Australian Electoral Commission or another protected action ballot agent under this Division may be regulated under the Privacy Act 1988 .

Note 2:       The President of the FWC may, in certain circumstances, disclose, or authorise the disclosure of, information acquired by the FWC or a member of the staff of the FWC, in the course of performing functions or exercising powers as the FWC (see section 655).



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