sec.188Confidentiality of information given by persons involved in administration of Act to other persons

### sec.188 Confidentiality of information given by persons involved in administration of Act to other persons This section applies if the chief executive, an authorised officer, a prescribed entity, a police officer or anyone else in the course of performing functions under or in relation to the administration of this Act, gives a person (the receiver ) information or a document about another person’s affairs. The receiver must not use or disclose the information, or give access to the document, to anyone else. Maximum penalty—100 penalty units or 2 years imprisonment. However, the receiver may, subject to subdivision 1 , use or disclose the information or give access to the document to someone else to the extent that the use, disclosure or giving of access is— authorised by the chief executive under section 188C , 188D or 189B ; or for purposes directly related to a child’s protection or wellbeing; or necessary to protect a person from a serious and imminent risk to the person’s safety or health; or for purposes directly related to obtaining information requested by the head of a relevant agency under section 245T ; or otherwise required or permitted by law. s 188 amd 2004 No. 13 s 14 ; 2004 No. 36 s 28 ; 2010 No. 33 s 82 ; 2016 No. 24 s 29 ; 2017 No. 44 s 69 ; 2020 No. 2 s 5 ; 2022 No. 7 s 132 sch 1 (sec.188-ssec.1) This section applies if the chief executive, an authorised officer, a prescribed entity, a police officer or anyone else in the course of performing functions under or in relation to the administration of this Act, gives a person (the receiver ) information or a document about another person’s affairs. (sec.188-ssec.2) The receiver must not use or disclose the information, or give access to the document, to anyone else. Maximum penalty—100 penalty units or 2 years imprisonment. (sec.188-ssec.3) However, the receiver may, subject to subdivision 1 , use or disclose the information or give access to the document to someone else to the extent that the use, disclosure or giving of access is— authorised by the chief executive under section 188C , 188D or 189B ; or for purposes directly related to a child’s protection or wellbeing; or necessary to protect a person from a serious and imminent risk to the person’s safety or health; or for purposes directly related to obtaining information requested by the head of a relevant agency under section 245T ; or otherwise required or permitted by law. - (a) authorised by the chief executive under section 188C , 188D or 189B ; or - (b) for purposes directly related to a child’s protection or wellbeing; or - (c) necessary to protect a person from a serious and imminent risk to the person’s safety or health; or - (d) for purposes directly related to obtaining information requested by the head of a relevant agency under section 245T ; or - (e) otherwise required or permitted by law.