18Confidentiality of information

18 Confidentiality of information

(1)  A person who is, or has been, engaged in the performance of a function, or exercise of a power, under this Act must not, directly or indirectly, record, dispose of or make use of information obtained in the course of performing the function or exercising the power except –

(a) for the purposes of, or in connection with, performing functions, or exercising powers, under this Act or any other Act; or

(b) with the written consent of –

(i) the person to whom the information relates; and

(ii) if the person to whom the information relates is a child, his or her legal guardian; or

(c) the person reasonably believes that the use, or disclosure, of the information is necessary –

(i) to lessen or prevent a serious threat to an individual's health, safety or welfare; or

(ii) to lessen or prevent a serious threat to public health or public safety; or

(d) in other prescribed circumstances.

Penalty:  Fine not exceeding 50 penalty units.

(2)  Subsection (1) does not apply to the disclosure of statistical or other information that could not reasonably be expected to lead to the identification of any person to whom it relates.

(3)  If information collected under this Act is lawfully disclosed, this section does not prevent the further disclosure of the information for the purpose for which the disclosure was made.