Commonwealth Numbered Regulations

1983 No. 19 DETERMINATION UNDER THE CENSUS AND STATISTICS ACT 1905 - REG 5

5. (1) Information, not being of a personal or domestic nature, relating to a
person and information relating to an organization may, with the approval in
writing of the Statistician, be-

   (a)  published or disseminated; or

   (b)  disclosed to a Department or Authority on a confidential basis, if the
        Statistician has been given a relevant undertaking, where a relevant
        consent to disclosure of the information has been given by an
        appropriate person.

(2) An appropriate person for the purposes of sub-clause (1) shall be-

   (a)  in the case of information relating to a person, being an
        individual-that person;

   (b)  in the case of information relating to an official body-the
        responsible Minister in relation to, or a responsible officer of, that
        official body; or

   (c)  in the case of information relating to an organization other than an
        official body-a responsible officer of that organization.

(3) A reference in sub-clause (1) to a relevant consent shall be read as a
reference to a consent in writing that-

   (a)  specifies the type of information to be disclosed;

   (b)  specifies whether such information is to be published or disseminated
        or is to be disclosed to a Department or Authority on a confidential
        basis;

   (c)  specifies, in the case where such information is to be disclosed on a
        confidential basis, the name of the Department or Authority to which
        the information is to be disclosed and specifies the purposes for
        which the information may be used;

   (d)  specifies whether such information may be disclosed on a continuing
        basis; and

   (e)  specifies, in the case where such information is to be disclosed on a
        continuing basis, arrangements for renewal or cancellation of consent.

(4) Notwithstanding that a consent has been given for the purposes of
sub-clause (1), information to which that consent relates shall not be
disclosed if, in conjunction with other information released by the
Statistician, such disclosure would be likely to enable the identification of
a particular person or organization that has not consented to the disclosure
of information relating to it.

(5) A reference in paragraph (1) (b) to a relevant undertaking shall be read
as a reference to an undertaking in writing by the responsible Minister in
relation to, or a responsible officer of, the Department or Authority to which
the information is to be disclosed, that the Department or Authority-

   (a)  will use the information only for specified purposes; and

   (b)  will not disclose the information in any form which, in conjunction
        with other information released by the Statistician or that Department
        or Authority, would be likely to enable the identification of the
        particular person or organization to which the information relates.