5.2 Limitations on Release

As stated above, the Privacy Act (in particular IPP 11) provides that personal information relating to a claimant must not be released to a third party, either as a copy of a record or as written or verbal advice, unless one of the following exceptions applies.

Information may be released to persons other than the claimant or Agency only in the following circumstances;

• Where the claimant is (or could be expected to be) aware that such a release would take place. This would be the case if Comcare Australia has previously advised the claimant of a possible release in accordance with IPP 2 (see 2.5 above).

• Where the claimant has given consent to the release. This may need to be sought, or may be provided by the party requesting the information ‑ for example, the claimant's solicitor or union.

• To prevent a threat to life or safety (either the claimant's or someone else's). The threat must be imminent and demonstrable from evidence. In any situations of this type the assistance of the Privacy Contact Officer or a member of senior management should be sought.

• Where the disclosure is required under a law (This includes where it is released to the employing Agency under Section 59 of the CERC Act.) .

• Where the disclosure is necessary to enforce criminal or revenue law (for example the Taxation Act).