Barrister AI
All legislation
WAAct
In force
This is the latest official compilation.Check the official source →
s 33

Confidentiality

In force

33 Confidentiality

(1)

This section applies to a person who is or has been a member of the board, a member of a committee, a member of staff or any other person engaged or appointed under section 17 or made available under section 17(6) or 18.

(2)

A person to whom this section applies must not, directly or indirectly, record, disclose or make use of any information obtained in the course of duty except —

(a)

for the purpose of performing functions under this Act or another written law;

(b)

as required under another written law;

(c)

with the written consent of the person to whom the information relates; or

(d)

in other prescribed circumstances.

Penalty: a fine of $10 000 or imprisonment for 12 months.

(3)

For the purposes of subsection (2)(a), it is not a function of a person to whom this section applies to, directly or indirectly, record, disclose or make use of any client related information or personal information unless it is necessary to do so —

(a)

as part of providing a service to the client to whom the information relates;

(b)

for the internal management and control of the Chemistry Centre; or

(c)

for the purposes of subsection (5).

(4)

Subsection (3) does not limit the functions of a person to whom this section applies to the extent to which —

(a)

the information is already in the public domain;

(b)

the information is summary or statistical information that could not reasonably be expected to enable particulars relating to any person to be ascertained; or

(c)

recording, disclosing or making use of the information is authorised by each person or organisation to whom it relates.

(5)

Despite the rest of the provisions of this Act, the board may disclose information to the Minister if the board considers that, because of the exceptional nature of the case, it is in the public interest to do so.

Research tools for this sectionPro

The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.

Section 33 — Confidentiality — Chemistry Centre (WA) Act 2007 (Western Australia) — Barrister AI