150EA

Secrecy

In force

(1)

This section applies to a person who—

(a)

is, or has been, the assessor, an investigator or a staff member of the Office of the Independent Assessor; and

(b)

obtains confidential information in the course of performing, or because of, the person’s functions under this Act.

(2)

The person must not—

(a)

make a record of the confidential information; or

(b)

directly or indirectly disclose the confidential information to another person; or

(c)

use the confidential information to benefit a person or cause detriment to a person.

Maximum penalty—100 penalty units.

(3)

However, subsection (2) does not apply to a person if the record is made, or the confidential information is disclosed or used—

(a)

in the performance of the person’s functions under this Act; or

(b)

with the consent of the person to whom the information relates; or

(c)

as otherwise required or permitted by law.

(4)

In this section—

confidential information means information, other than information that is publicly available—

(a)

about a person’s personal affairs or reputation; or

(b)

that would be likely to damage the commercial activities of a person to whom the information relates.

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