28Secrecy

#### 28 Secrecy (1) A person shall, if the Secretary so directs, before performing any duties or exercising any powers under this Part, make before a Justice of the Peace or a Commissioner for Declarations a declaration in accordance with a form approved for the purpose by the Secretary. (2) Subject to subsection (5), a person shall not, directly or indirectly, make a record of, or divulge to any person, any information with respect to the affairs of another person acquired by the first‑mentioned person in the performance of duties or exercise of powers under this Part. (2A) Subsection (2) does not apply if the person records or divulges the information in the performance of duties or exercise of powers under this Part or for the purposes of the administration of the Social Security Act 1991. (3) A person who contravenes subsection (2) commits an offence against that subsection. (3A) Strict liability applies to the element of an offence against subsection (2) that an acquisition of information is an acquisition in the performance of duties or exercise of powers under this Part. (4) Subject to subsection (7), a person shall not, except for the purposes of this Part, the Royal Commissions Act 1902 or the Social Security Act 1991, be required: (a) to produce in court any document that has come into his or her possession or under his or her control in the performance of duties or exercise of powers under this Part; or (b) to divulge to a court any matter or thing that has come to his or her notice in the performance of duties or exercise of powers under this Part. (5) A person may: (a) divulge specified information to such persons as the Secretary directs if the Secretary certifies that it is necessary in the public interest that the information should be so divulged; (b) divulge any information to any prescribed authority or person; or (c) divulge any information to a person who is expressly or impliedly authorised by the person to whom the information relates to obtain it; or (d) make a record of information with the express or implied authorisation of the person to whom the information relates. (6) An authority or person to whom information is divulged under subsection (5), and any person or employee under the control of that authority or person, shall, in respect of that information, be subject to the same rights, privileges, obligations and liabilities under this section as if that authority or person were a person performing duties under this Part and had acquired the information in the performance of those duties. (7) Where: (a) the Secretary certifies that it is necessary in the public interest that specified information should be divulged to a court; or (b) a person to whom information relates has expressly authorised it to be divulged to a court; a person may be required: (c) to produce in court any document containing the information; or (d) to divulge the information to the court. (7A) If: (a) the Secretary or an officer is served with a summons or notice, or is otherwise subject to a requirement, under the Royal Commissions Act 1902; and (b) in order to comply with the summons, notice or requirement, the Secretary or officer would be required to disclose information that is information mentioned in subsection (2); then, despite subsection (2) of this provision, the Secretary or officer must, subject to the Royal Commissions Act 1902, disclose that information. The information is taken to have been disclosed for the purposes of the Royal Commissions Act 1902 and of the Royal Commission concerned. (8) In this section, court includes any tribunal, authority or person having power to require the production of documents or the answering of questions.