Confidentiality of external examiner
275 Confidentiality of external examiner
An external examiner is guilty of an offence if the examiner:
(a) discloses information in an examiner's report or acquired in carrying out an examination (protected information) to someone else; or
(b) does something that discloses protected information to someone else and is reckless about whether:
the information is protected information; or
doing the thing would result in the information being disclosed.
Maximum penalty: 400 penalty units or imprisonment for 2 years.
Subsection (1) does not apply to the disclosure of information:
(a) necessary for properly conducting the examination and making the report of the examination; or
(b) to an investigator or supervisor, manager or receiver appointed under this Act; or
(c) if the law practice is an incorporated law practice – to a receiver, receiver and manager, liquidator (including a provisional liquidator), controller, administrator or deed of administrator appointed for the practice under the Corporations Act; or
(d) to the law practice concerned or an associate of the law practice; or
under section 634.
This Act’s bill:Explanatory statementSecond reading speech
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