273Duty of confidentiality

273 Duty of confidentiality

273 Duty of confidentiality

(1) An individual who is, or who has been, a person exercising functions under this Law must not disclose to another person protected information.

Penalty—$17,100.

Note—

This penalty is a substituted NSW provision.

(2) However, subsection (1) does not apply if—

(a) the information is disclosed in the exercise of a function under, or for the purposes of, or in accordance with, this Law; or

(b) the disclosure is authorised or required by any law of a participating jurisdiction, or is otherwise required or permitted by law; or

(c) the disclosure is with the agreement of the person to whom the information relates; or

(d) the information relates to proceedings before a court or tribunal and the proceedings are or were open to the public; or

(e) the information is, or has been accessible to the public, including because it was published for the purposes of, or in accordance with, this Law; or

(f) the disclosure is otherwise authorised by the Ministerial Council.

(3) In this section—

protected information means information—

(a) that is personal to a particular individual and that identifies or could lead to the identification of the individual; and

(b) that comes to a person’s knowledge in the course of, or because of, the person exercising functions under this Law.

s 273: Am 2025 No 68, Sch 1[9].