Charitable Trusts Act 2022

Other than as is necessary for the administration of this Act, nothing in this Part authorises access to, or the disclosure of, a document or information provided to an investigator by a provider.

The following persons are subject to a duty of confidentiality —

people who are or were engaged or employed to perform a function under this Part;

any other people —

to whom a document or information is disclosed under this Part; or

who gain access (properly or improperly) to a document or information obtained under this Part.

A person subject to a duty of confidentiality must not record, make use of or disclose a document or information provided by a provider except —

with the consent of the provider; or

for the purpose of enabling or assisting the Western Australian Charitable Trusts Commission or Attorney General to perform or exercise any functions or powers under this Act or another law relating to charitable trusts, including disclosing it —

to a trustee of, or a person with an advisory role in relation to, a relevant charitable trust; or

to a person or class of persons, or a person or body representing a person or class of persons, intended to benefit from the application of trust funds from the relevant charitable trust;

for the purpose of obtaining or providing legal advice; or

for the purpose of legal proceedings relating to the relevant charitable trust instituted by the Attorney General or to which the Attorney General is or may become a party, including —

for representation in legal proceedings; and

to a witness or potential witness in the proceedings;

in accordance with an order of the Court on application by the Attorney General; or

as permitted or required under this Act or another written law; or

for the purposes of notifying, or referring a matter to —

the Commissioner of Police; or

the Australian Securities and Investments Commission established under the Australian Securities and Investments Commission Act 2001 (Commonwealth); or

the Advisory Committee established under the Charitable Collections Act 1946 section 10; or

the Commissioner of the Australian Charities and Not‑for‑profits Commission established under the Australian Charities and Not‑for‑profits Commission Act 2012 (Commonwealth) section 110‑5; or

the Office of the Registrar of Aboriginal and Torres Strait Islander Corporations established under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Commonwealth) section 1‑30; or

the Commissioner of Taxation holding office under the Taxation Administration Act 1953 (Commonwealth); or

the Commissioner of State Revenue;

if disclosing it to a person or class of persons prescribed by the regulations.

A person to whom a document or information is disclosed under subsection (3)(g) may record, make use of or disclose the document or information in the performance of functions under any written law or other law, consistent with (or in connection with) the purpose for which the document or information was disclosed.

Without limiting subsection (4), a person to whom a document or information is disclosed under subsection (3)(g) may record, make use of or disclose the document or information to, or for the use of, any entity, court or tribunal in criminal, civil or administrative proceedings that are related to the original purpose for which the document or information was provided.