Commonwealth Numbered Acts

EMPLOYMENT SERVICES ACT 1994 No. 176 of 1994 - SECT 67

Duties of non-disclosure
67.(1) The ESRA Board may make a written determination creating duties of
non-disclosure for the purposes of the application of section 70 of the
Crimes  Act 1914 to case managers.
Note: Section 70 of the Crimes Act 1914 deals with disclosure of information
by "Commonwealth officers". Under paragraph (c) of the definition of

"Commonwealth officer" in subsection 3(1) of the Crimes Act 1914, a person,
such as a case manager, who performs services for or on behalf of a public
authority under the Commonwealth (such as ESRA) is treated as a Commonwealth
officer.

Limitation on creation of duties of non-disclosure

(2) A duty created under subsection (1) must relate to facts or documents
that:

   (a)  are connected with the provision, or anticipated provision, of case
        management services by a case manager to a person referred to the
        case manager under Part 4.3; and

   (b)  relate to the affairs of a person who is or has been so referred to
        the case manager.

Disallowable instrument

(3) A determination under subsection (1) is a disallowable instrument for the
purposes of section 46A of the Acts Interpretation Act 1901.