Secrecy
51 Secrecy
This section applies to a person who is or has been—
the Commissioner; or
a member of the staff of the Commission referred to in section 22;
a person (other than a person referred to in paragraph (b)) acting under the authority of the Commission or the Commissioner.
A person to whom this section applies must not, either directly or indirectly, make a record of, disclose or communicate protected information to any person unless —
it is necessary to do so for the purposes of, or in connection with, the performance of a function or duty or the exercise of a power under this Act; or
it is necessary to do so to prevent a credible and imminent threat of harm to one or more persons; or
it is necessary to do so to comply with a mandatory reporting obligation; or
the disclosure, communication or production is to a court in accordance with section 52; or
the information is already in the public domain; or
the information does not identify any person or organisation; or
all persons or organisations identified by the information have consented to the disclosure of the information.
Penalty: Level 9 fine (60 penalty units maximum).
This Act’s bill:Explanatory memorandumSecond reading speech
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