Secrecy
52 Secrecy
In this section:
court includes any tribunal or other entity having power to require the production of documents or the answering of questions.
person to whom this section applies means a person who is or has been—
the director; or
an appointed member of the council; or
anyone else who has exercised a function under this Act.
produce includes permit access to.
protected information means information about a person that is disclosed to, or obtained by, a person to whom this section applies because of the person’s position under this Act or the exercise of a function under this Act.
A person to whom this section applies commits an offence if the person—
makes a record of protected information; or
directly or indirectly, discloses or communicates to a person protected information about someone else.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
Subsection (2) does not apply if the record is made, or the information is disclosed or communicated—
under this or any other Act; or
in relation to the exercise of a function, as a person to whom this section applies, under this or any other Act.
Subsection (2) does not prevent a person to whom this section applies from divulging or communicating protected information to a person about someone else with the consent of the other person.
A person to whom this section applies is not required—
to divulge or communicate protected information to a court; or
to produce a document containing protected information to a court;
unless it is necessary to do so for this Act or another Act.
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