Confidentiality of information
95 Confidentiality of information
This section applies to a person who—
is or has been—
the Minister or a member of the Minister’s staff; or
the commissioner; or
a member of the board; or
a staff member of the office; or
a person engaged, consulted or employed under section 28 or 63; or
a person mentioned in section 82(7); and
in that capacity, has acquired or has access to confidential information, other than criminal history information under section 97.
The person must not disclose the confidential information to anyone else, or use the information, other than under this section.Maximum penalty—200 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 this Act; or
if the disclosure or use is required or permitted under this Act or another law; or
with the written consent of the person to whom the information relates; or
in compliance with a lawful process requiring the production of documents to, or giving of evidence before, a court or tribunal; or
if the disclosure or use—
does not identify the person to whom the information relates; or
does not allow the identity of the person to be reasonably ascertained; or
if the information is, or has been, lawfully accessible to the public.
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