sec.35Confidentiality of information

sec.35 Confidentiality of information

This section applies to a person who— is, or has been, any of the following— the chief executive; an inspector; an analyst; a standards officer; a deputy standards officer; another person involved in administering this Act, including, for example, a public service employee; and obtains confidential information about another person in administering, or performing functions or exercising powers under, this Act. The person must not use or disclose the confidential information unless the use or disclosure is— in the performance of a function or exercise of a power under this Act; or with the consent of the person to whom the information relates; or otherwise required or permitted by law. Maximum penalty—50 penalty units. In this section— confidential information — means any information that— could identify an individual; or is about a person’s current financial position or financial background; or would be likely to damage the commercial activities of a person to whom the information relates; but does not include— information that is publicly available; or statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates. s 35 prev s 35 amd 1994 No. 78 s 37 sch om 2002 No. 76 s 29 pres s 35 ins 2020 No. 3 s 72 (sec.35-ssec.1) This section applies to a person who— is, or has been, any of the following— the chief executive; an inspector; an analyst; a standards officer; a deputy standards officer; another person involved in administering this Act, including, for example, a public service employee; and obtains confidential information about another person in administering, or performing functions or exercising powers under, this Act. (sec.35-ssec.2) The person must not use or disclose the confidential information unless the use or disclosure is— in the performance of a function or exercise of a power under this Act; or with the consent of the person to whom the information relates; or otherwise required or permitted by law. Maximum penalty—50 penalty units. (sec.35-ssec.3) In this section— confidential information — means any information that— could identify an individual; or is about a person’s current financial position or financial background; or would be likely to damage the commercial activities of a person to whom the information relates; but does not include— information that is publicly available; or statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.

• (a) is, or has been, any of the following— (i) the chief executive; (ii) an inspector; (iii) an analyst; (iv) a standards officer; (v) a deputy standards officer; (vi) another person involved in administering this Act, including, for example, a public service employee; and
• (i) the chief executive;