43Protection of confidentiality of information

#### 43 Protection of confidentiality of information (1) This clause restricts what a person (the entrusted person) may do with protected information, or protected documents, that the person has obtained in the course of official employment. (2) The entrusted person: (a) must not make a record of protected information; and (b) must not disclose it to anyone else; if the recording or disclosure is not in accordance with subclause (3). Penalty: Imprisonment for 2 years. > Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (3) It is not an offence against subclause (2) if any of the following apply to the recording or disclosure: (a) the recording or disclosure is for the purposes of this Part, the DSAP scheme or the SDA scheme or is otherwise required by any law of the Commonwealth; (b) the recording or disclosure happens in the course of the performance of the duties of the entrusted person’s official employment; (c) the disclosure is not likely to enable the identification of a particular entity; (d) both: (i) the disclosure is to an entity who had an eligible interest in a dairy farm enterprise at 6.30 pm on 28 September 1999; and (ii) the information relates to that enterprise. > Note: A defendant bears an evidential burden in relation to a matter in paragraph (3)(a) or (b)—see subsection 13.3(3) of the Criminal Code. (4) Despite subsection 13.3(3) of the Criminal Code, the defendant does not bear an evidential burden in relation to a matter in paragraph (3)(c) or (d) of this clause. (5) Unless it is necessary for the purposes of this Part, the DSAP scheme or the SDA scheme, the entrusted person is not to be required: (a) to produce any protected document to a court; or (b) to disclose protected information to a court. (6) In this clause: > disclose means divulge or communicate. > official employment means: (a) service as a DAA member; or (b) the performance of services for the DAA; or (c) the exercise of powers or performance of functions under a delegation by the DAA. > protected document means any document made or given under, or for the purposes of, this Part, the DSAP scheme or the SDA scheme. > protected information means information that meets all the following conditions: (a) it relates to the affairs of a person other than the entrusted person; (b) it was obtained by the entrusted person, or by any other person, in the course of official employment; (c) it was disclosed or obtained for the purposes of this Part, the DSAP scheme or the SDA scheme. > this Part includes any other provision of this Schedule in so far as that other provision relates to this Part.