Offence to disclose confidential information
28A Offence to disclose confidential information
A person commits an offence if:
(a) the person obtains information in the course of performing a function connected with the administration of this Act or exercising a power under this Act; and
(b) the information is confidential and the person is reckless in relation to that circumstance; and
the person intentionally engages in conduct; and
(d) the conduct results in the disclosure of the information and the disclosure is not:
(i) for a purpose connected with the administration of this Act, including a legal proceeding arising out of the operation of this Act; or
to a person who is otherwise entitled to the information; and
(e) the person is reckless in relation to the result and circumstance mentioned in paragraph (d).
Maximum penalty: 200 penalty units or imprisonment for 2 years.
Strict liability applies to subsection (1)(a).
(3) If the information mentioned in subsection (1) relates to a person, it is a defence to a prosecution for an offence against that subsection if the person has consented to the disclosure of the information.
Note for section 28A
In addition to the circumstances mentioned in this section, a person who discloses information mentioned in this section will not be criminally responsible for an offence if the disclosure is justified or excused by or under a law (see section 43BE of the Criminal Code).
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.