Commonwealth Numbered Acts

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 16

16. (1) In this section, "officer" means a person:

   (a)  who is or has been appointed or employed by the Commonwealth; or

   (b)  to whom powers or functions have been delegated by the Registrar; and
        who, by reason of the appointment or employment or in the course of
        the employment, or by reason of, or in the course of the exercise of
        powers or the performance of functions under, the delegation, as the
        case may be, may acquire or has acquired information in relation to
        the affairs of any other person disclosed or obtained under or for the
        purposes of this Act.

(2) For the purposes of this section, a person who, although not appointed or
employed by the Commonwealth, performs services for the Commonwealth shall be
taken to be employed by the Commonwealth.

(3) Subject to subsection (5), an officer who, either directly or indirectly,
except for the purposes of this Act or otherwise than in the performance of
the person's duties as an officer, and either while the person is, or after
the person ceases to be, an officer:

   (a)  makes a record of any information in relation to the affairs of a
        second person; or

   (b)  divulges or communicates to a second person any information in
        relation to the affairs of a third person; being information disclosed
        or obtained under or for the purposes of this Act and acquired by the
        person by reason of the person's appointment or employment by the
        Commonwealth or in the course of such employment, or by reason of the
        delegation to the person of powers or functions by the Registrar, or
        in the course of the exercise of such powers or performance of such
        functions, as the case may be, is guilty of an offence punishable on
        conviction by a fine not exceeding $5,000 or imprisonment for a period
        not exceeding one year, or both.

(4) Except when it is necessary to do so for the purpose of carrying into
effect the provisions of this Act, an officer shall not be required:

   (a)  to produce in court any document made or given under or for the
        purposes of this Act; or

   (b)  to divulge or communicate to a court a matter or thing in relation to
        information disclosed or obtained under or for the purposes of
        this Act; being a document or information acquired by the person by
        reason of the person's appointment or employment by the Commonwealth
        or in the course of such employment, or by reason of the delegation to
        the person of powers or functions by the Registrar, or in the course
        of the exercise of such powers or the performance of such functions,
        as the case may be.

(5) Nothing in subsection (3) shall be taken to prohibit the Registrar, a
Deputy Registrar, or a person authorised by the Registrar or a Deputy
Registrar, from communicating any information:

   (a)  to the Tribunal in connection with proceedings under an Act of which
        the Registrar (whether as Registrar or Commissioner) has the general
        administration; (b) to the Secretary to the Department of Social
        Security or the Secretary to the Department of Veterans' Affairs for
        the purpose of the administration of any law of the Commonwealth
        relating to pensions, allowances or benefits; or

   (c)  to a person performing, as an officer, duties arising under an Act of
        which the Registrar (whether as Registrar or Commissioner) has the
        general administration, or under regulations made under such an Act,
        for the purpose of enabling the person to perform those duties.

(6) Nothing in an Act of which the Commissioner has the general administration
shall be taken to prohibit the Commissioner, a Second Commissioner, a
Deputy Commissioner, or a person authorised by the Commissioner, a
Second Commissioner or a Deputy Commissioner, from communicating any
information to a person performing, as an officer, duties arising under
this Act for the purpose of enabling the person to perform those duties.

(7) For the purposes of subsection (3), an officer shall be deemed to have
communicated information to another person in contravention of that subsection
if the officer communicates the information to any Minister.

(8) An officer shall, if and when required by the Registrar or a Deputy
Registrar to do so, make an oath or declaration, in a manner and form
specified by the Registrar in writing, to maintain secrecy in accordance with
the provisions of this section.

(9) This section has effect subject to subsection 64 (11B) of the Family Law 
Act 1975 .