Offence to use or divulge protected information
54 Offence to use or divulge protected information
In this section – court includes a tribunal, authority and person having power to require the production of documents or the answering of questions; divulge includes – communicate; and publish; officer means – the Registrar or a person who has been the Registrar; or an independent advisor or a person who has been an independent advisor; or any other person who is performing or exercising, or has performed or exercised, a function or power under this Act; produce includes allow access to; protected information means information about a person that is disclosed to, or obtained by, an officer because of the performance or exercise of a function or power under this Act by the officer or another person;
| Note | Examples of what is protected information are as follows: |
| (a) information obtained by the Registrar in conducting a risk assessment of a person; | |
| (b) information disclosed by the Registrar in obtaining information or advice from an entity about a registered person. |
use information includes make a record of the information.
An officer must not use protected information about another person. Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 6 months, or both.
An officer must not do any act that divulges protected information about a person. Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 6 months, or both.
Neither subsection (2) nor (3) applies if the information is used or divulged – under this Act, another Act or a corresponding law; or in relation to the performance or exercise of a function or power, as an officer, under this Act, another Act or a corresponding law; or in a court proceeding.
Neither subsection (2) nor (3) applies to the using or divulging of protected information about a person with the person’s consent.
An officer need not divulge protected information to a court, or produce to a court a document containing protected information, unless it is necessary to do so for the purposes of this or another Act.
This Act’s bill:Explanatory notesSecond reading speech
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