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2.1.15 Privacy Act and the Department of Defence
Last updated 5 June 2012
The Privacy Act governs the release of information from the client's compensation file to the employer. Commission must give, to the Chief of Defence (CDF), a copy of a claim for liability or permanent impairment compensation submitted to it by a person who suffers the injury or contracts the disease while a member of the ADF. Commission must also notify the relevant Service Chief of a claim that relates to the death of a person while a member of the ADF. Commission is also required to provide the CDF with a copy of the determination on such a claim and reasons for the determination, where the claimant was a member of the ADF at the time of the determination or at the time of death.
As the employer, under Section 409, the Department of Defence is entitled to any information obtained by a delegate for a purpose as per the following schedule:
Person or Agency
An employee of the Defence Department
A purpose relating to litigation involving a service injury, disease or death in relation to which a claim has been made under Section 319
A purpose relating to reconsideration or review under Chapter 8 of a determination made under Chapter 2 about acceptance of liability for a specific injury, disease or death
A person or agency specified in the regulations
A purpose specified in the regulations in relation to that person or agency
Any information released as per this table can only be used for the purposes listed.
An ADF unit may contact DVA seeking information on the nature of a serving member's injury. This information cannot be released without that individual's consent. However, in the circumstances where information can be released to the CDF, DVA should advise the ADF unit to approach the CDF's delegate for information. The CDF delegate is the Executive Officer, Joint Health Support Agency. Information can only be released as outlined above.