sec.14Confidentiality of information

### sec.14 Confidentiality of information A person who is, or was, an inspector or an officer of the department must not disclose confidential information gained by the person in performing functions under this Act. Maximum penalty—200 penalty units or 2 years imprisonment. However, the person may disclose confidential information if— the disclosure is for a purpose under this Act or a gaming Act; or the disclosure is otherwise required or permitted by law; or the chief executive approves the disclosure under this section; or the disclosure is to an external adviser for the purpose of the adviser exercising the adviser’s function. The chief executive may approve a disclosure of confidential information to— an entity prescribed under a regulation; or an officer, employee or member of the entity; or a stated department, person or other entity. Before giving an approval for subsection (3) (c) , the chief executive must— give written notice of the proposed approval to each person whom the chief executive considers is likely to be affected adversely by the disclosure; and give the person the opportunity to make a submission about the proposed approval within the period, of at least 14 days, stated in the notice. If confidential information is disclosed to an entity or person under an approval given by the chief executive, the entity or person, and any employee or other person under the control of the entity or person, are taken to be persons to whom subsection (1) applies and to have gained the information in performing functions under this Act. In this section— confidential information means information, other than information that is publicly available, about— a person’s personal affairs, business affairs or reputation, character, criminal history, current financial position or financial background; or a person making an application under this Act. s 14 sub 1995 No. 6 s 4 amd 1996 No. 47 s 244 sch 3 ; 2003 No. 26 s 18 sch sub 2004 No. 21 s 4 amd 2022 No. 23 s 4 (sec.14-ssec.1) A person who is, or was, an inspector or an officer of the department must not disclose confidential information gained by the person in performing functions under this Act. Maximum penalty—200 penalty units or 2 years imprisonment. (sec.14-ssec.2) However, the person may disclose confidential information if— the disclosure is for a purpose under this Act or a gaming Act; or the disclosure is otherwise required or permitted by law; or the chief executive approves the disclosure under this section; or the disclosure is to an external adviser for the purpose of the adviser exercising the adviser’s function. (sec.14-ssec.3) The chief executive may approve a disclosure of confidential information to— an entity prescribed under a regulation; or an officer, employee or member of the entity; or a stated department, person or other entity. (sec.14-ssec.4) Before giving an approval for subsection (3) (c) , the chief executive must— give written notice of the proposed approval to each person whom the chief executive considers is likely to be affected adversely by the disclosure; and give the person the opportunity to make a submission about the proposed approval within the period, of at least 14 days, stated in the notice. (sec.14-ssec.5) If confidential information is disclosed to an entity or person under an approval given by the chief executive, the entity or person, and any employee or other person under the control of the entity or person, are taken to be persons to whom subsection (1) applies and to have gained the information in performing functions under this Act. (sec.14-ssec.6) In this section— confidential information means information, other than information that is publicly available, about— a person’s personal affairs, business affairs or reputation, character, criminal history, current financial position or financial background; or a person making an application under this Act. - (a) the disclosure is for a purpose under this Act or a gaming Act; or - (b) the disclosure is otherwise required or permitted by law; or - (c) the chief executive approves the disclosure under this section; or - (d) the disclosure is to an external adviser for the purpose of the adviser exercising the adviser’s function. - (a) an entity prescribed under a regulation; or - (b) an officer, employee or member of the entity; or - (c) a stated department, person or other entity. - (a) give written notice of the proposed approval to each person whom the chief executive considers is likely to be affected adversely by the disclosure; and - (b) give the person the opportunity to make a submission about the proposed approval within the period, of at least 14 days, stated in the notice. - (a) a person’s personal affairs, business affairs or reputation, character, criminal history, current financial position or financial background; or - (b) a person making an application under this Act.