Page 4756 - Week 12 - Thursday, 1 November 2018
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In accordance with section 9 of the Public Sector Management Act 1994, a public servant must not without lawful authority disclose confidential information gained through the public servant’s job.
When an employee resigns from ACT Health they are not required to sign a non-disclosure agreement. Under section 153 (2) of the Crimes Act 1990, an officer must not disclose without lawful authority, any fact or document which came into his or her knowledge by virtue of the person having been an officer of the Territory.
ACT Health recommends that all staff complete the Privacy and Confidentiality eLearning course.
(2) See above.
(3) No. If the employee separates employment through a settlement process, with the approval of the Solicitor-General, the terms of settlement may be subject to confidentiality provisions and cannot be disclosed where this is necessary to protect the Territory’s interests.
ACT Health—staff agreements
(Question No 1856)
Mr Coe asked the Minister for Health and Wellbeing, upon notice, on 21 September 2018:
(1) What is the total number of ACT Health employees who were asked to sign confidentiality or non-disclosure agreements during each financial year from 2007-08 to date.
(2) In relation to part (1), for each financial year how many confidentiality or non-disclosure agreements were signed when staff were terminated or left ACT Health.
(3) Is it common practice to request employees to sign confidentiality or non-disclosure agreements; if no, can the Minister advise in what circumstances are employees asked to sign confidentiality or non-disclosure agreements upon leaving ACT Health.
Ms Fitzharris: The answer to the member’s question is as follows:
(1) Under the terms of engagement, ACT Health does not require staff to sign a confidentiality agreement.
In accordance with section 9 of the Public Sector Management Act 1994, a public servant must not without lawful authority disclose confidential information gained through the servant’s job.
When an employee resigns from ACT Health they are not required to sign a non-disclosure agreement. Under section 153 (2) of the Crimes Act 1990, an officer must not disclose without lawful authority, any fact or document which came into his or her knowledge by virtue of the person having been an officer of the Territory.
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