Confidential information
67 Confidential information
It is the duty of a person who is a Director, a member of the staff of the Authority, a member of a committee or a person engaged as a consultant under section 50 not to disclose any information that has been acquired by the person because of being such a Director, member or consultant.
Subsection (1) does not apply to anything done in the performance of duties, or in the exercise of powers or functions, under this Act or the Hearing Services Administration Act 1997.
Subsection (1) does not preclude the disclosure of information to a court in any proceeding, but the court must do all things necessary to prevent disclosure of that information to any other person otherwise than for the purpose of the proceedings.
Despite subsection (1), the Chairperson may, in respect of information acquired by a Director, a member of the staff of the Authority, a member of a committee, or a person engaged as a consultant under section 50, because of being such a Director, member or consultant:
if the Minister certifies, by instrument, that it is necessary in the public interest that the information should be disclosed to a specified person—disclose that information to that person; or
disclose that information to any prescribed authority or person.
The Chairperson must not, under subsection (4), disclose any information that is confidential information relating to a person unless the Chairperson:
has advised the person, in writing, of the Chairperson’s intention to disclose the information and of the reasons for disclosing that information; and
has given the person a reasonable opportunity to communicate any views which the person has concerning the proposed disclosure of that information; and
has taken into account any views so communicated.
Any authority or person to whom information is disclosed under subsection (4), and any person under the control of that authority or person, is, in respect of that information, subject to the same obligations as if that authority or person were a person referred to in subsection (1) who had acquired the information in the circumstances set out in subsection (1).
Despite subsection (1), the Chairperson may permit information to be disclosed:
to an Agency Head (within the meaning of the Public Service Act 1999) or the Chief Officer of a Commonwealth authority for the purpose of enabling the Agency or authority to perform any arrangements made with the Authority under paragraph 68(a); or
to the Secretary of a Department of the Public Service of a State or Territory or the Chief Officer of a State or Territory authority for the purpose of enabling the Department or authority to perform any arrangements made with the Authority under paragraph 68(b); or
to the Chief Officer of any other authority or body for the purpose of enabling that authority or body to perform any arrangements made with the Authority under paragraph 68(c).
A person to whom information is disclosed under subsection (7) and any person under the control of the first‑mentioned person to whom that information is disclosed for the purposes of an arrangement under section 68, must not, directly or indirectly, except for the purposes of that arrangement, disclose the information to any person while the person is, or after the person ceases to be, such a person.
Penalty: Imprisonment for 2 years.
Despite subsection (1), information relating to a person may be disclosed if the person consents to the disclosure.
Despite subsection (1), information may be disclosed:
to the Minister, to the Secretary of the Department, or to any other officer of the Department, for the purposes of the administration of the Hearing Services Administration Act 1997; or
to the chief executive officer (however described) of a body, or to a member of the staff of a body, for the purposes of the performance of any functions, or the exercise of any powers, conferred on the body by section 21 of the Hearing Services Administration Act 1997.
A person (the first person) to whom information is disclosed under paragraph (8B)(a) or (b) must not, directly or indirectly, except for the purposes referred to in that paragraph, disclose the information to any person while the first person is, or after the first person ceases to be, a person of a kind mentioned in that paragraph.
Nothing in this section limits the generality of anything else in it.
In this section:
court includes a tribunal, authority or person having power to require the production of documents or the answering of questions.
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