Education and Care Services Act 2013
sec.216Duty of confidentiality
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sec.216 Duty of confidentiality
This section applies to a person— who is, or has been, the chief executive, a public service employee in the department or an authorised officer; and who, in the course of administering this Act or because of opportunity provided by involvement in administering this Act, has gained, gains or has access to, confidential information about someone else. The person must not record or use the information, or disclose it to anyone, other than under this division. Maximum penalty—40 penalty units. A reference in this section to disclosing information includes producing to someone, or giving someone access to, a document containing the information. In this section— confidential information means information about a person’s affairs, but does not include— statistical or other information that could not reasonably be expected to result in the identification of the person to whom it relates; or information that is publicly available. (sec.216-ssec.1) This section applies to a person— who is, or has been, the chief executive, a public service employee in the department or an authorised officer; and who, in the course of administering this Act or because of opportunity provided by involvement in administering this Act, has gained, gains or has access to, confidential information about someone else. (sec.216-ssec.2) The person must not record or use the information, or disclose it to anyone, other than under this division. Maximum penalty—40 penalty units. (sec.216-ssec.3) A reference in this section to disclosing information includes producing to someone, or giving someone access to, a document containing the information. (sec.216-ssec.4) In this section— confidential information means information about a person’s affairs, but does not include— statistical or other information that could not reasonably be expected to result in the identification of the person to whom it relates; or information that is publicly available.
- (a) who is, or has been, the chief executive, a public service employee in the department or an authorised officer; and
- (b) who, in the course of administering this Act or because of opportunity provided by involvement in administering this Act, has gained, gains or has access to, confidential information about someone else.
- (a) statistical or other information that could not reasonably be expected to result in the identification of the person to whom it relates; or
- (b) information that is publicly available.