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.