Duty of confidentiality
216 Duty of confidentiality
A person who is, or has been, a person exercising functions under this
Law must not disclose to another person protected information.
Maximum penalty:
in the case of an individual—$5 000; or
in the case of a body corporate—$10 000.
However, subsection (1) does not apply if—
the information is disclosed in the exercise of a function under, or for the purposes of, this Law; or
the disclosure—
is to a co‑regulatory authority; or
is authorised or required by any law of a participating jurisdiction;
or
the disclosure is otherwise required or permitted by law; or
the disclosure is with the agreement of the person to whom the information relates; or
the disclosure is in a form that does not identify the identity of a person; or
the information relates to proceedings before a responsible tribunal and the proceedings are or were open to the public; or
the information is, or has been, accessible to the public, including because it is or was recorded in a National Register; or
the disclosure is otherwise authorised by the Ministerial Council.
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