55Unauthorised disclosure of confidential information

55 Unauthorised disclosure of confidential information

(1) A person must not disclose any confidential information or commercially-sensitive information obtained by the person during the exercise of a power or performance of a function or duty under, or in connection with, this Act or the regulations except in accordance with this Part.

Penalty: 120 penalty units.

(2) Subsection (1) does not apply to the following disclosures of confidential information or commercially-sensitive information—

(a) a disclosure made in the exercise of a power or the performance of a function or duty under, or in connection with, this Act or any other Act or the regulations;

(b) a disclosure made with the consent of the person to whom the information relates;

(c) a disclosure made to a court or tribunal in the course of legal proceedings;

(d) a disclosure made pursuant to an order of a court or tribunal;

(e) a disclosure of information that is in the public domain at the time of the disclosure other than as the result of a disclosure prohibited under this Act or any other Act;

(f) a disclosure made to an Australian legal practitioner for the purposes of obtaining legal advice or representation;

(g) a disclosure to the IBAC made as required or authorised by or under this Act or the Independent Broad-based Anti-corruption Commission Act 2011;

(h) a disclosure made under section 50 to a government agency;

(i) a disclosure made such that the information is aggregated with other information and de‑identified so as to conceal its source;

(j) a disclosure to any of the following agencies to enable the agency to prevent, detect, investigate or prosecute an offence—

(i) the Environment Protection Authority;

(ii) Victoria Police;

(iii) the Australian Federal Police;

(iv) the Victorian WorkCover Authority;

(v) the IBAC;

S. 55(2)(j)(vi) substituted by No. 36/2022 s. 10.

(vi) the Victorian Inspectorate;

S. 55(2)(j)(vii) inserted by No. 36/2022 s. 10.

(vii) the Ombudsman;

S. 55(2)(j)(viii) inserted by No. 36/2022 s. 10.

(viii) the Auditor-General;

S. 55(2)(j)(ix) inserted by No. 36/2022 s. 10.

(ix) a prescribed person or body;

(k) a disclosure made to prevent or minimise a serious risk of—

(i) failure of, or disruption to, waste, recycling or resource recovery services; or

(ii) harm to human health or the environment;