168Duty of confidentiality

168 Duty of confidentiality

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

Penalty: 20 penalty units.

(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 Act; or

(b) the disclosure of the information is 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 Act.

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 Act.

Pt 6 (Heading) substituted by No. 37/2019 s. 9.