Authorised recording, disclosure or use of information
138 Authorised recording, disclosure or use of information
The recording, disclosure or use of information is authorised if the information is recorded, disclosed or used in good faith in any of these circumstances —
for the purposes of, or in connection with the performance of, a function under this Act;
under this Act or another written law;
under an order of a court or other person or body acting judicially;
in the case of personal information, with the consent of the person, or each person, to whom the information relates.
In addition to subsection (1), the disclosure of information is authorised if the information is disclosed to —
a court or other person or body acting judicially in the course of proceedings before the court or other person or body; or
an interstate regulatory authority with responsibility for administering a corresponding law in connection with the administration of that law.
Subsections (1) and (2) extend to the disclosure of information that was disclosed under a corresponding law to a regulatory authority of this State.
If the recording, disclosure or use of information is authorised under this section —
no civil or criminal liability is incurred in respect of the recording, disclosure or use; and
the recording, disclosure or use cannot be regarded as —
a breach of any duty of confidentiality or secrecy imposed by law; or
a breach of professional ethics or standards or any principles of conduct applicable to a person’s employment; or
unprofessional conduct (however described).
This Act’s bill:Explanatory memorandumSecond reading speech
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