Confidentiality of information
41 Confidentiality of information
This section applies if a person obtains information or gains access to a document in exercising any power or function under this Act.
The person must not do any of the following—
disclose to anyone else—
the information; or
the contents of or information contained in the document;
give access to the document to anyone else;
use the information or document for any purpose.
Maximum penalty—100 penalty units.
Subsection (2) does not apply to the disclosure of information, or the giving of access to a document or the use of information or a document—
about a person, with the person’s consent; or
that is necessary for the exercise of a power or function under this Act; or
that is made or given by the regulator or a person authorised by the regulator if the regulator reasonably believes the disclosure, access or use—
is necessary for administering, or monitoring or enforcing compliance with, this Act; or
is necessary for the administration or enforcement of another Act or law prescribed under a regulation; or
is necessary for the administration or enforcement of another Act or law, if the disclosure, access or use is necessary to lessen or prevent a serious risk to public health or safety; or
is required for the exercise of a power or function under a corresponding law; or
that is required by any court, tribunal, authority or person having lawful authority to require the production of documents or the answering of questions; or
that is required or authorised under a law; or
to a Minister.
A person must not intentionally disclose to another person the name of an individual who has made a complaint in relation to that other person unless—
the disclosure is made with the consent of the complainant; or
the disclosure is required under a law.
Maximum penalty—100 penalty units.
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