Social Security and Other Legislation Amendment (Further 2012 Budget and Other Measures) Act 2012 (154 of 2012)

Schedule 3   Social Security Appeals Tribunal

Part 1   Amendments

Social Security (Administration) Act 1999

140   At the end of Division 4 of Part 4

Add:

Subdivision G - Restrictions on disclosure of information

177B Orders restricting disclosure of information

(1) The Principal Member may make an order directing a person:

(a) not to disclose information specified in the order; or

(b) not to disclose information specified in the order except in the circumstances, or for the purposes, specified in the order; or

(c) not to disclose information specified in the order, except to a specified person or class of persons.

(2) An order may only specify information that has been disclosed to the person for purposes relating to a review under this Part.

(3) A person commits an offence if:

(a) the Principal Member makes an order under subsection (1) in relation to the person; and

(b) the person contravenes the order.

Penalty: Imprisonment for 2 years.

(4) An order made under subsection (1) in relation to a person does not apply to information which the person knew before the disclosure referred to in subsection (2) was made.

Note: A defendant bears an evidential burden in relation to the matter in subsection (4): see subsection 13.3(3) of the Criminal Code.

177C Varying an order to permit certain disclosures

(1) A person in relation to whom an order has been made under subsection 177B(1) may request the Principal Member to vary the order to allow the person to disclose particular information specified in the order:

(a) in particular circumstances or for particular purposes; or

(b) to a particular person or class of persons.

(2) The Principal Member may vary the order in accordance with the request.

(3) This section does not limit the Principal Member's power to vary or revoke an order.

Note: For variation and revocation apart from under this section, see subsection 33(3) of the Acts Interpretation Act 1901.

177D Orders restricting secondary disclosures of information

(1) If an order (the primary order ) under subsection 177B(1) directs a person not to disclose information specified in the order, except to any of the following (an authorised recipient ):

(a) a specified person;

(b) a member of a specified class of persons;

the Principal Member may make another order, directing an authorised recipient not to disclose the information specified in the primary order.

(2) A person commits an offence if:

(a) the Principal Member makes an order under subsection (1) in relation to the person; and

(b) the person contravenes the order.

Penalty: Imprisonment for 2 years.

(3) An order made under subsection (1) in relation to a person does not apply to information which the person knew before the disclosure of the information in accordance with the primary order was made.

Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.