sec.138ZLAConfidentiality of police, disciplinary, mental health and other protected information

sec.138ZLA Confidentiality of police, disciplinary, mental health and other protected information

This section applies to a person who— is or has been a public service employee employed in the department; and in that capacity, was given, or given access to, protected information about another person. Also, this section applies to a person who is or has been— the Minister and, in that capacity, received a report under section 138ZLD that contains protected information; or a member of the Minister’s staff and, in that capacity, was given, or given access to, a report or information mentioned in paragraph (a) . The following information is protected information about a person— police information about the person and information related to the police information; domestic violence information about the person and information related to the domestic violence information; disciplinary information about the person; NDIS disciplinary or misconduct information about the person; information about the person’s mental health, including, for example, information given to the chief executive under subdivision 6 ; other information about the person given to the chief executive to help the chief executive decide whether the person poses an unacceptable risk of harm to people with disability, including information about the person given to the chief executive— by the NDIS commission; or by an NDIS worker screening unit; or by a prescribed entity under section 138R . A person to whom this section applies must not use the protected information, or disclose or give access to the protected information to anyone else, unless the use, disclosure or giving of access is allowed under subsection (5) . Maximum penalty—100 penalty units or 2 years imprisonment. The person may use the protected information, or disclose or give access to the protected information to another person, if the use, disclosure or giving of access— is for the performance of the chief executive’s screening functions; or is expressly permitted under this part; or happens with the consent of the person to whom the information relates; or for protected information other than a section 93A transcript or a transcript of a recorded statement—is for the purpose of obtaining advice for, or giving advice to, the Minister in relation to the protected information; or is otherwise required under an Act or other law. s 138ZLA ins 2024 No. 50 s 23 (sec.138ZLA-ssec.1) This section applies to a person who— is or has been a public service employee employed in the department; and in that capacity, was given, or given access to, protected information about another person. (sec.138ZLA-ssec.2) Also, this section applies to a person who is or has been— the Minister and, in that capacity, received a report under section 138ZLD that contains protected information; or a member of the Minister’s staff and, in that capacity, was given, or given access to, a report or information mentioned in paragraph (a) . (sec.138ZLA-ssec.3) The following information is protected information about a person— police information about the person and information related to the police information; domestic violence information about the person and information related to the domestic violence information; disciplinary information about the person; NDIS disciplinary or misconduct information about the person; information about the person’s mental health, including, for example, information given to the chief executive under subdivision 6 ; other information about the person given to the chief executive to help the chief executive decide whether the person poses an unacceptable risk of harm to people with disability, including information about the person given to the chief executive— by the NDIS commission; or by an NDIS worker screening unit; or by a prescribed entity under section 138R . (sec.138ZLA-ssec.4) A person to whom this section applies must not use the protected information, or disclose or give access to the protected information to anyone else, unless the use, disclosure or giving of access is allowed under subsection (5) . Maximum penalty—100 penalty units or 2 years imprisonment. (sec.138ZLA-ssec.5) The person may use the protected information, or disclose or give access to the protected information to another person, if the use, disclosure or giving of access— is for the performance of the chief executive’s screening functions; or is expressly permitted under this part; or happens with the consent of the person to whom the information relates; or for protected information other than a section 93A transcript or a transcript of a recorded statement—is for the purpose of obtaining advice for, or giving advice to, the Minister in relation to the protected information; or is otherwise required under an Act or other law.