Confidentiality of information
256 Confidentiality of information
This section applies to a person who is or was—
the chief executive; or
an inspector; or
another person involved in administering this Act or a relevant repealed provision, including, for example, an officer or employee of the department.
The person must not disclose confidential information gained by the person in administering or performing a function under this Act or the relevant repealed provision.Maximum penalty—50 penalty units.
However, the person may disclose confidential information if—
the disclosure is for a purpose under this Act or the relevant repealed provision; or
the disclosure is for the purpose of minimising relevant risks or relevant adverse effects in the State or another State and the disclosure is to any of the following—
the State;
a department;
an entity, established under an Act, that deals with matters relating to relevant risks or relevant adverse effects;
a local government;
the Commonwealth or another State, or an entity of the Commonwealth or another State; or
the information is about dealing with an exhibited animal and the disclosure is—
to the department in which the Nature Conservation Act is administered; and
for a purpose under that Act; or
the disclosure is with the consent of the person to whom the information relates; or
the disclosure is otherwise required or permitted by law.
In this section—confidential information—
means any information that—
could identify an individual; or
is about a person’s current financial position or financial background; or
would be likely to damage the commercial activities of a person to whom the information relates; but
does not include—
information that is publicly available; or
statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.
This Act’s bill:Explanatory memorandumSecond reading speech
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