103Duty to maintain confidentiality

### 103 Duty to maintain confidentiality > > (1)  A person engaged in the administration of this Act who, in the course of that administration, obtains personal information relating to – > > > > > > (a) a child; or > > > > > > > (b) a guardian of a child; or > > > > > > > (c) a family member of a child; or > > > > > > > (d) any person alleged to have abused, neglected or threatened a child – > > > > must not divulge that information. > > > > Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years, or both. > > > (2)  A person who attends a family group conference must not divulge any personal information obtained at the conference relating to the child, his or her guardian or a member of the child's family. > > > > Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years, or both. > > > (2A)  [*\[Section 103 Subsection (2A) inserted by No. 4 of 2021, s. 7, Applied:01 Mar 2021\]*](/view/html/inforce/2021-03-01/act-2021-004#GS7@EN) [Subsections (1)](#GS103@Gs1@EN) and [(2)](#GS103@Gs2@EN) do not apply in respect of the disclosure and use of personal information relating to a person to, or by – > > > > > > (a) that person; or > > > > > > > (b) a person seeking to bring an action, whether criminal or civil, if – > > > > > > > > > > (i) the person to whom the personal information relates is an intended defendant to the action or an alleged perpetrator in respect of the matter to which the action relates; and > > > > > > > > > > > (ii) the personal information is relevant to that action; or > > > > > > > (c) a person responding, on behalf of the State, to an action, whether criminal or civil and whether proposed or commenced, against the State if the personal information is relevant to that action; or > > > > > > > (d) a Commission established under the [Commissions of Inquiry Act 1995](/view/html/inforce/2026-04-12/act-1995-070) if the personal information is relevant to the inquiry for which that Commission was established; or > > > > > > > (e) a person undertaking an employment screening or review process, or disciplinary investigations or proceedings, in respect of the person to whom the personal information relates if the person to whom the personal information relates is – > > > > > > > > > > (i) an employee or contractor, or prospective employee or contractor, of the person to whom the information is disclosed; or > > > > > > > > > > > (ii) a volunteer or assistant, or prospective volunteer or assistant, whether paid or unpaid, of an organisation of which the person, to whom the information is disclosed, is in a position of management or control. > > > (2B)  [*\[Section 103 Subsection (2B) inserted by No. 4 of 2021, s. 7, Applied:01 Mar 2021\]*](/view/html/inforce/2021-03-01/act-2021-004#GS7@EN) [Subsections (1)](#GS103@Gs1@EN) and [(2)](#GS103@Gs2@EN) do not apply in respect of the disclosure and use of personal information if the information – > > > > > > (a) is disclosed to or used by – > > > > > > > > > > (i) a person seeking to bring an action, whether criminal or civil; or > > > > > > > > > > > (ii) a person responding, on behalf of the State, to an action, whether criminal or civil and whether proposed or commenced; or > > > > > > > > > > > (iii) a person undertaking an employment screening or review process, or disciplinary investigations or proceedings; and > > > > > > > (b) in the case of information disclosed to or used by a person referred to in [paragraph (a)(i)](#GS103@Gs2B@Hpa@Hqi@EN) or [(ii)](#GS103@Gs2B@Hpa@Hqii@EN) , the information – > > > > > > > > > > (i) is relevant to the action; and > > > > > > > > > > > (ii) does not disclose the identity of, or lead to the identification of, a person other than an intended defendant to the action or an alleged perpetrator in respect of the matter to which the action relates; and > > > > > > > (c) in the case of information disclosed to or used by a person referred to in [paragraph (a)(iii)](#GS103@Gs2B@Hpa@Hqiii@EN) , the information – > > > > > > > > > > (i) is relevant to the employment screening or review process, or disciplinary investigations or proceedings, being undertaken by the person to whom the information is disclosed; and > > > > > > > > > > > (ii) does not disclose the identity of, or lead to the identification of, a person other than the person being screened or reviewed or the subject of those disciplinary investigations or proceedings. > > > (2C)  [*\[Section 103 Subsection (2C) inserted by No. 4 of 2021, s. 7, Applied:01 Mar 2021\]*](/view/html/inforce/2021-03-01/act-2021-004#GS7@EN) Personal information disclosed under [subsection (2A)(c)](#GS103@Gs2A@Hpc@EN) or [(e)](#GS103@Gs2A@Hpe@EN) is subject to the rules of procedural fairness in respect of the person whose personal information is so disclosed. > > > (2D)  [*\[Section 103 Subsection (2D) inserted by No. 4 of 2021, s. 5, Applied:22 Apr 2021\]*](/view/html/inforce/2021-04-22/act-2021-004#GS5@EN) A person to whom personal information is disclosed under [subsection (2A)](#GS103@Gs2A@EN) or [(2B)](#GS103@Gs2B@EN) must not use or disclose the personal information other than – > > > > > > (a) for the purpose for which the information was so disclosed to the person; or > > > > > > > (b) as authorised or required to do so by law. > > > > Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years, or both. > > > (3)  This section does not prevent a person – > > > > > > (a) from divulging information if authorised or required to do so by law; or > > > > > > > (b) from divulging statistical or other data that could not reasonably be expected to lead to the identification of any person to whom it relates; or > > > > > > > (c) engaged in the administration of this Act from divulging information if it is necessary or appropriate to do so for the proper administration of this Act.