sec.92Duty of confidentiality

sec.92 Duty of confidentiality

This section applies to a person— who is, or has been, any of the following— a chief executive of a department providing funding; a public service employee or another employee of a department providing funding; an authorised officer; and who, in the course of administering this Act or because of an opportunity provided by involvement in administering this Act, has gained, gains or has access to, confidential information about an individual, other than information mentioned in section 91 (1) (b) . The person must not disclose the information, or give access to the information, to anyone else, other than— for administering, monitoring or enforcing compliance with this Act; or with the consent of the individual to whom the information relates; or in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or as expressly permitted or required under an Act; or if the person reasonably believes a serious concern exists—to report the person’s belief to an entity that can take appropriate action. Maximum penalty—40 penalty units. s 92 amd 2014 No. 12 s 36 (sec.92-ssec.1) This section applies to a person— who is, or has been, any of the following— a chief executive of a department providing funding; a public service employee or another employee of a department providing funding; an authorised officer; and who, in the course of administering this Act or because of an opportunity provided by involvement in administering this Act, has gained, gains or has access to, confidential information about an individual, other than information mentioned in section 91 (1) (b) . (sec.92-ssec.2) The person must not disclose the information, or give access to the information, to anyone else, other than— for administering, monitoring or enforcing compliance with this Act; or with the consent of the individual to whom the information relates; or in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or as expressly permitted or required under an Act; or if the person reasonably believes a serious concern exists—to report the person’s belief to an entity that can take appropriate action. Maximum penalty—40 penalty units.

• (a) who is, or has been, any of the following— (i) a chief executive of a department providing funding; (ii) a public service employee or another employee of a department providing funding; (iii) an authorised officer; and
• (i) a chief executive of a department providing funding;
• (ii) a public service employee or another employee of a department providing funding;
• (iii) an authorised officer; and
• (b) who, in the course of administering this Act or because of an opportunity provided by involvement in administering this Act, has gained, gains or has access to, confidential information about an individual, other than information mentioned in section 91 (1) (b) .