Unauthorised use or disclosure of information or documents
148 Unauthorised use or disclosure of information or documents
A person must not use or disclose information or a document obtained under Division 2 of this Part in an inquiry into a suspected contravention for a purpose that is not related to the inquiry or rectifying the suspected contravention, unless—
the person reasonably believes that the use or disclosure is necessary to lessen or prevent—
a serious risk to a person's health or safety; or
a serious threat to public health or safety; or
the person has reason to suspect that unlawful activity has been, is being or may be engaged in, and uses or discloses the information or document as a necessary part of an investigation of the matter or in reporting concerns to relevant persons or authorities; or
the use or disclosure is required or authorised by or under law; or
the person reasonably believes that the use or disclosure is reasonably necessary for one or more of the following by, or on behalf of, an enforcement body (within the meaning of the Privacy
Act 1988 of the Commonwealth):
the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law;
the enforcement of laws relating to the confiscation of the proceeds of crime;
the protection of the public revenue;
the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct;
the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal; or
if the information is, or the document contains, personal information—the use or disclosure is made with the consent of the individual to whom the information relates.
WHS civil penalty provision.
Maximum penalty:
in the case of an individual—$10 000;
in the case of a body corporate—$50 000.
This Act’s bill:Second reading speech
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