Education and Care Services National Law (Queensland)
sec.273Duty of confidentiality
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sec.273 Duty of confidentiality
An individual who is, or who has been, a person exercising functions under this Law must not disclose to another person protected information. Penalty: $17 100. However, subsection (1) does not apply if— the information is disclosed in the exercise of a function under, or for the purposes of, or in accordance with, this Law; or the disclosure is authorised or required by any law of a participating jurisdiction, or is otherwise required or permitted by law; or the disclosure is with the agreement of the person to whom the information relates; or the information relates to proceedings before a court or tribunal and the proceedings are or were open to the public; or the information is, or has been accessible to the public, including because it was published for the purposes of, or in accordance with, this Law; or the disclosure is otherwise authorised by the Ministerial Council. In this section— protected information means information— that is personal to a particular individual and that identifies or could lead to the identification of the individual; and that comes to a person’s knowledge in the course of, or because of, the person exercising functions under this Law. s 273 amd 2022 No. 43 (Vic) s 94 ; 2025 No. 53 (Vic) s 55 (sec.273-ssec.1) An individual who is, or who has been, a person exercising functions under this Law must not disclose to another person protected information. Penalty: $17 100. (sec.273-ssec.2) However, subsection (1) does not apply if— the information is disclosed in the exercise of a function under, or for the purposes of, or in accordance with, this Law; or the disclosure is authorised or required by any law of a participating jurisdiction, or is otherwise required or permitted by law; or the disclosure is with the agreement of the person to whom the information relates; or the information relates to proceedings before a court or tribunal and the proceedings are or were open to the public; or the information is, or has been accessible to the public, including because it was published for the purposes of, or in accordance with, this Law; or the disclosure is otherwise authorised by the Ministerial Council. (sec.273-ssec.3) In this section— protected information means information— that is personal to a particular individual and that identifies or could lead to the identification of the individual; and that comes to a person’s knowledge in the course of, or because of, the person exercising functions under this Law.
- (a) the information is disclosed in the exercise of a function under, or for the purposes of, or in accordance with, this Law; or
- (b) the disclosure is authorised or required by any law of a participating jurisdiction, or is otherwise required or permitted by law; or
- (c) the disclosure is with the agreement of the person to whom the information relates; or