83Confidentiality

83 Confidentiality

(1)  In this section –

protected information means personal information in any recorded format about a natural person from which the identity of the natural person is apparent or is reasonably ascertainable.

(2)  A person who performs or has performed functions under this Act must not disclose protected information to another person except in a circumstance specified in subsection (3) .

Penalty:  Fine not exceeding 50 penalty units.

(3)  A person may disclose protected information in one or more of the following circumstances:

(a) the information is disclosed in the performance of a function under, or for the purposes of, this Act;

(b) the disclosure is for a purpose authorised, or is required, by this Act or any other Act;

(c) the disclosure is otherwise required or permitted by law;

(d) for the purposes of legal proceedings;

(e) the disclosure is made for or in connection with the reporting or lawful investigation of a crime or unlawful act (whether actual or prospective);

(f) the disclosure is –

(i) discussed with the person to whom the information relates in a language and form that the person can understand; and

(ii) made with the agreement of the person without coercion, pressure or undue influence being used to obtain the agreement;

(g) there are reasonable grounds to suspect that there is a risk of significant harm to a person with disability, or to a child or other vulnerable person, and the disclosure is reasonably necessary to prevent that harm;

(h) the disclosure is in a form that does not enable the identification of the person to whom the information relates;

(i) in prescribed circumstances.