127Non‑disclosure of private information

#### 127 Non‑disclosure of private information (1) A person who is, or has at any time been, the Commissioner, a member of the Commission or a member of the staff assisting the Commission or is, or has at any time been, authorised to perform or exercise any function or power of the Commission or the Commissioner or any function or power on behalf of the Commission or the Commissioner, being a function or power conferred on the Commission or on the Commissioner under this Act, must not, either directly or indirectly: (a) make a record of, or divulge or communicate to any person, any information relating to the affairs of another person acquired by the first‑mentioned person because of that person’s office of employment under or for the purposes of this Act or because of that person being or having been so authorised; or (b) make use of any such information as is mentioned in paragraph (a); or (c) produce to any person a document relating to the affairs of another person given for the purposes of this Act. Penalty: Imprisonment for 2 years. (2) A person who is, or has at any time been, the Commissioner, a member of the Commission or a member of the staff assisting the Commission or is, or has at any time been, authorised to perform or exercise any function or power of the Commission or the Commissioner or any function or power on behalf of the Commission or the Commissioner, being a function or power conferred on the Commission or on the Commissioner under this Act, must not be required: (a) to divulge or communicate to a court any information relating to the affairs of another person acquired by the first‑mentioned person because of that person’s office or employment under or for the purposes of this Act or because of that person being or having been so authorised; or (b) to produce in a court a document relating to the affairs of another person of which the first‑mentioned person has custody, or to which that person has access, because of that person’s office or employment under or for the purposes of this Act or because of that person being or having been so authorised; except where it is necessary to do so for the purposes of this Act. (3) This section does not prohibit a person from: (a) making a record of information that is required or permitted by an Act to be recorded, if the record is made for the purposes of or under that Act; or (b) divulging or communicating information, or producing a document, to any person in accordance with an arrangement in force under section 16 of the Australian Human Rights Commission Act 1986; or (c) divulging or communicating information, or producing a document that is required or permitted by an Act to be divulged, communicated or produced as the case may be, if the information is divulged or communicated, or the document is produced, for the purposes of or under that Act. > Note: A defendant bears an evidential burden in relation to a matter in subsection (3) (see subsection 13.3(3) of the Criminal Code). (3A) Subsection (1) does not prevent a person from making a record of, divulging, communicating or making use of information, or producing a document, if the person does so: (a) in the performance of a duty under or in connection with this Act; or (b) in the performance or exercise of a function or power conferred on the Commission or on the Commissioner under this Act. > Note: A defendant bears an evidential burden in relation to the matter in subsection (3A) (see subsection 13.3(3) of the Criminal Code). (4) Subsection (2) does not prevent a person from being required, for the purposes of or under an Act, to divulge or communicate information, or to produce a document, that is required or permitted by that Act to be divulged, communicated or produced. (5) In this section: > court includes any tribunal, authority or person having power to require the production of documents or the answering of questions. > produce includes permit access to.