A7.80 Disclosure of information overseas under Section 305 of the Immigration Act 2009 (29/11/2010)

When releasing information overseas under Section 305 the following steps are to be considered:

1. Identify the agency, body or person that is to receive the information.
2. Identify the information to be disclosed. Does it all come within 306(1)?
3. Is there an existing agreement with this agency, body or person? Does it apply in the circumstances? If so, ensure that the disclosure is carried out in accordance with the requirement of "Releasing information under an agreement" (see delegations A15.25).
4. If no agreement applies, consider whether an agreement should be developed.
5. If the information is to be disclosed on a "one-off" basis check that the disclosure is carried out strictly in accordance with the requirements of section 305(7) and (8) for "Releasing information without an agreement" (see delegations A15.25).

Note: If unsure whether to release information either under an agreement or on a one-off basis please contact the Department of Labour Legal Services for advice. Refer A15.25 for delegations for disclosure of information.

Effective 29/11/2010