Confidentiality of information
705 Confidentiality of information
A person who discloses information obtained in the administration of this Act commits an offence, unless the disclosure is—
authorised or required by this Act or another Act; or
made in connection with the administration of this Act; or
made with the consent of the person to whom the information relates; or
made in connection with a legal proceeding under a relevant law or any report of a proceeding, including a proceeding before a disciplinary body relating to a discipline application; or
otherwise made with a lawful excuse.
Maximum penalty—200 penalty units.
For the purposes of and without limiting subsection (1), a person who receives information directly or indirectly from a corresponding authority is taken to have obtained the information in the administration of this Act.
This section does not apply to the following disclosures of information—
a disclosure that does not identify or help in identifying—
a complainant; or
an Australian legal practitioner, law practice employee or other entity that is the subject of a complaint or investigation matter, or an entity or law practice that employs the entity, legal practitioner or employee; or
an investigated entity that is the subject of a chapter 5A investigation; or
a person associated with an entity mentioned in subparagraph (i), (ii) or (iii);
a disclosure by an investigator—
to the commissioner; or
if the investigator was appointed by a regulatory authority—to the regulatory authority; or
to the person to whom the information relates;
a disclosure as prescribed under a regulation.
This section is not limited by another provision of this Act—
allowing an entity to disclose information; or
requiring an entity to protect information.
In this section—
Australian legal practitioner includes a person to whom chapter 4 applies as mentioned in section 417.
This provision refers to the regulations (a regulation
). Made under this Act:
- Legal Profession Regulation 2017
- Legal Profession (Australian Solicitors Conduct Rules) Notice 2024
- Legal Profession (Barristers Rules) Notice 2025
1 more instrument made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory memorandum
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