Confidentiality of negotiation
35D Confidentiality of negotiation
A convenor must not disclose information obtained in a negotiation session to a person who is not a party to the session (a nonparticipant) unless—
the person who provided the information to the convenor consents to the information being disclosed to the nonparticipant; or
the information is necessary for the provision or administration of legal assistance and is being disclosed to any of the following:
the board;
the chief executive officer;
a committee established under this Act;
a member of the staff of the commission; or
the following apply:
the information is necessary so that any party or parties to the session can be referred to another dispute resolution service (a related service) that may be able to assist in the resolution of the dispute between the parties, or in some other way;
all parties to the session consent to the information being disclosed to the related service; or
the disclosure of the information is reasonably necessary to prevent or minimise injury to a person or damage to property; or
the convenor is required to disclose the information under a law of the Territory or Commonwealth.
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