Use and disclosure of protected information
43A Use and disclosure of protected information
A person commits an offence if—
the person exercises, or has exercised, a function under this Act; and
the person uses information; and
the information is protected information about someone else; and
the person is reckless about whether the information is protected information about someone else.
Maximum penalty: 50 penalty units.
A person commits an offence if—
the person exercises, or has exercised, a function under this Act; and
the person does something that discloses information; and
the information is protected information about someone else; and
the person is reckless about whether—
the information is protected information about someone else; and
doing the thing would result in the information being disclosed to someone else.
Maximum penalty: 50 penalty units.
Subsections (1) and (2) do not apply if the person uses or discloses protected information about someone else (the protected person)—
under this Act or another law applying in the ACT; or
in relation to the exercise of a function under this Act or another law applying in the ACT; or
in a court proceeding; or
with the protected person’s consent.
The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).
A person need not disclose protected information to a court, or produce a document containing protected information to a court, unless it is necessary to do so for this Act or another law applying in the ACT.
In this section:
court includes a tribunal, authority or person having power to require the production of documents or the answering of questions.
disclose includes communicate or publish.
produce includes allow access to.
protected information means information about a person that is disclosed to, or obtained by, another person because of the exercise of a function under this Act by the other person or someone else.
use, in relation to information, includes make a record of the information.
This Act’s bill:Explanatory statementSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.