41Information sharing

41 Information sharing

(1)  The Director may enter into, or approve of, an arrangement (an information-sharing arrangement) with a relevant agency for the purposes of sharing or exchanging information held by the Director.

(2)  The information to which an information-sharing arrangement may relate is limited to the following:

(a) information concerning investigations, law enforcement, assessment of complaints, licensing or disciplinary matters;

(b) probity assessments and reference checks concerning persons who provide, or propose to provide, goods or services to consumers;

(c) any other information affecting the interests of consumers;

(d) any other information of a prescribed type.

(3)  Under an information-sharing arrangement, the Director and the relevant agency are, despite any other Act or law of the State, authorised –

(a) to request and receive information held by the other party to the arrangement; and

(b) to disclose information to the other party –

but only to the extent that the information is reasonably necessary to assist in the exercise of –

(c) functions under this Act (or any other Act relating to the interests of consumers that is administered by the Minister, whether solely or jointly with another Minister); or

(d) the functions of the relevant agency concerned.

(4)  The Director may also (whether as part of an information-sharing arrangement or otherwise) –

(a) refer to a fair trading agency or law enforcement agency any matter (including any complaint) that affects the interests of consumers; and

(b) receive any such matter from a fair trading agency or law enforcement agency; and

(c) conduct a joint investigation into any such matter with a fair trading agency or law enforcement agency.

(5)  Any such fair trading agency or law enforcement agency is, despite any other Act or law of the State, authorised to refer such a matter to the Director or to conduct an investigation into the matter jointly with the Director.