sec.138ZLUse of information obtained under section 138ZK about person

sec.138ZL Use of information obtained under section 138ZK about person

This section applies to a person who is given, or accesses, information about a person under section 138ZK . The person must not use the information, or disclose or give access to the information to anyone else, unless the use, disclosure or giving of access is allowed under subsection (3) . Maximum penalty—100 penalty units. The person may use the information, or disclose or give access to the information to another person, if the use, disclosure or giving of access— is to identify, assess or monitor a risk, or potential risk, of harm to a person or people with disability in relation to the person to whom the information relates carrying out disability work; or is to establish whether or not the person to whom the information relates— has made a State disability worker screening application; or has been issued a State clearance or State exclusion; or is to comply with an obligation under this Act; or happens with the consent of the person to whom the information relates; or is required to lessen or prevent a serious threat to the life, health, safety or welfare of an individual, or the health, safety or welfare of the public; or is required by a law enforcement agency to prevent, detect, investigate, prosecute or punish an offence; or is required for a proceeding in a court or a tribunal; or is authorised under a regulation or another law. In this section— law enforcement agency means— an entity mentioned in the Information Privacy Act 2009 , schedule 5 , definition law enforcement agency , paragraph (b) ; or an enforcement body within the meaning of the Privacy Act 1988 (Cwlth) . s 138ZL ins 2020 No. 39 s 11 (sec.138ZL-ssec.1) This section applies to a person who is given, or accesses, information about a person under section 138ZK . (sec.138ZL-ssec.2) The person must not use the information, or disclose or give access to the information to anyone else, unless the use, disclosure or giving of access is allowed under subsection (3) . Maximum penalty—100 penalty units. (sec.138ZL-ssec.3) The person may use the information, or disclose or give access to the information to another person, if the use, disclosure or giving of access— is to identify, assess or monitor a risk, or potential risk, of harm to a person or people with disability in relation to the person to whom the information relates carrying out disability work; or is to establish whether or not the person to whom the information relates— has made a State disability worker screening application; or has been issued a State clearance or State exclusion; or is to comply with an obligation under this Act; or happens with the consent of the person to whom the information relates; or is required to lessen or prevent a serious threat to the life, health, safety or welfare of an individual, or the health, safety or welfare of the public; or is required by a law enforcement agency to prevent, detect, investigate, prosecute or punish an offence; or is required for a proceeding in a court or a tribunal; or is authorised under a regulation or another law. (sec.138ZL-ssec.4) In this section— law enforcement agency means— an entity mentioned in the Information Privacy Act 2009 , schedule 5 , definition law enforcement agency , paragraph (b) ; or an enforcement body within the meaning of the Privacy Act 1988 (Cwlth) .