Confidentiality provisions
20 Confidentiality provisions
A person engaged in work for the purposes of this Act shall preserve and aid in preserving confidentiality with respect to all matters that come to the person’s knowledge in the person’s official capacity under this Act and shall not communicate any such matter to any person except—
for the purpose of carrying this Act into effect; or
to a lawfully constituted court or tribunal; or
to the person to whom the matter relates; or
to a person who, in the opinion of the permanent head is authorised, expressly or impliedly, by the person to whom the matter relates to obtain it; or
to a person engaged in a bona fide research program.
Any matter referred to in subsection (1) shall not be communicated to a person referred to in subsection (1)(e) except—
with the prior approval of the permanent head; and
upon the person giving an undertaking in writing—
to preserve confidentiality in respect of the matter; and
to preserve anonymity of the person to whom the matter relates.
A person who contravenes or fails to comply with—
subsection (1) or (2); or
the terms of an undertaking given under subsection (2), commits an offence against this Act.
Maximum penalty—40 penalty units or imprisonment for 2 years.
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