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s 112

Other obligations about disclosure and use of confidential information

In force
Part 8Confidentiality and collection of information
Division 1Confidentiality

112 Other obligations about disclosure and use of confidential information

(1)

If—

(a)

a person knowingly acquires confidential information without lawful authority; or

(b)

a person receives confidential information that the person knows, or ought reasonably to know, is confidential information;

the person must not disclose the information to anyone else unless the disclosure is permitted under this part.Maximum penalty—100 penalty units.Example for subsection (1)(a)—A person employed by a contractor engaged by the State to clean the department’s offices reads a document in the commissioner’s office containing confidential information.Examples for subsection (1)(b)—

1 A person, other than the addressee of a fax, receives the fax that states the information in it is confidential and is intended for the addressee’s purposes only.

2 Under section 111 a reciprocal investigator is given confidential information for conducting a reciprocal investigation.

Note—This provision is an executive liability provision—see section 140.

(2)

If, under section 111, the commissioner discloses confidential information to a person, the person may disclose the information—

(a)

to the extent necessary to enable the person to exercise a power or perform a function conferred on the person under a law for the administration or enforcement of the law; or

(b)

for the purpose for which it was disclosed under the section; or

(c)

to anyone else or for any purpose if the information relates to the person.

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