Commonwealth Numbered Acts

FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 467

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