Confidentiality
75 Confidentiality
This section applies to a person who—
is, or has been—
the Minister or a member of the Minister’s staff; or
a public service employee performing functions under, or relating to the administration of, this Act; and
in that capacity, has acquired or has access to confidential information about another person.
The person must not disclose the confidential information to anyone else, or use the information, other than under this section.Maximum penalty—100 penalty units.
The person may disclose or use the confidential information—
to the extent the disclosure or use—
is necessary to perform the person’s functions under, or relating to the administration of, this Act; or
is otherwise required or permitted under this Act or another law; or
with the consent of the person to whom the information relates; or
in compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal.
In this section—confidential information—
means the following information—
personal information;
information given in a notice under section 12A(3);
information that would be likely to damage the commercial activities of a person to whom the information relates; but
does not include criminal history information under section 40AK or information that is lawfully available to the public.
disclose includes give access to.information includes a document.personal information see the Information Privacy Act 2009, section 12.
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