Western Australian Repealed Acts

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This legislation has been repealed.

WORKPLACE AGREEMENTS ACT 1993 - SECT 39

39 .         Confidentiality

        (1)         An agreement to which this subsection applies is not open for inspection by any person except a party to it or a person authorised in writing by such a party.

        (1a)         Subsection (1) applies to an agreement that immediately before the designated day had been lodged or registered under Part 2 Division 4 or under section 40F or 40I.

        (2)         A person to whom this subsection applies must not, directly or indirectly, record, disclose or make use of information obtained in the course of performing functions under this Act except —

            (a)         in the course of performing functions under this Act;

            (b)         as required or allowed by this Act or any other written law;

            (c)         for the purpose of proceedings in a court;

            (d)         with the written authority of the party to whom the information relates; or

            (e)         in other prescribed circumstances.

        Penalty: $2 000.

        (3)         Subsection (2) does not apply to the disclosure of statistical or other information that could not reasonably be expected to lead to the identification of any person to whom it relates.

        (4)         Subsection (2) applies to a person who —

            (a)         has held office as the Commissioner under repealed section 82 or has been a member of the Commissioner’s staff or a consultant under repealed section 90; or

            (b)         holds or has held office as the Registrar ora Deputy Registrar, or otherwise is or has been an officer of the Commission.

        (5)         This section has effect despite any provision of the Freedom of Information Act 1992 .

        [Section 39 amended by No. 20 of 2002 s. 49.]



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