57Duty of confidentiality—conciliation

57 Duty of confidentiality—conciliation

(1) The following persons must not disclose information obtained during the course of a conciliation conducted under this Part except in a circumstance specified in subsection (2)—

(a) the Commission;

(b) the Commissioner;

(c) a member of the Board;

S. 57(1)(d) substituted by No. 17/2020 s. 5(1).

(d) a person referred to in section 32A.

Penalty: 60 penalty units.

(2) A person referred to in subsection (1) may disclose information in one or more of the following circumstances—

(a) the person believes on reasonable grounds that the disclosure is necessary to avoid a serious risk to—

(i) the life, health, safety or welfare of a person; or

(ii) the health, safety or welfare of the public;

(b) the disclosure is made with the written agreement of the person to whom the information relates;

S. 57(2)(c) substituted by No. 17/2020 s. 5(2).

(c) the disclosure is made by a person referred to in section 32A to another such person;

S. 57(2)(d) substituted by No. 17/2020 s. 5(2).

(d) the disclosure is made by the Commissioner to a person referred to in section 32A;

(e) the disclosure is made in the course of the Commission advising the Board in relation to the outcome of a conciliation;

(f) the disclosure is otherwise authorised by the Minister on the grounds that the disclosure is in the public interest.

Part 7—Notifications

Division 1—Definition

58 Definition

notifiable conduct, in relation to a disability worker (whether registered or unregistered), means the disability worker—

(a) practised as a disability worker while intoxicated by alcohol or drugs; or

(b) engaged in sexual misconduct while practising as a disability worker; or

(c) placed, or may place, the public at risk of harm because the disability worker has an impairment that detrimentally affects, or is likely detrimentally to affect, the disability worker's capacity to practise as a disability worker; or

(d) placed, or is placing, the public at risk of harm because the disability worker practised, or is practising, as a disability worker in a manner that constitutes a significant departure from accepted professional standards.

Division 2—Obligation to make notification