Education (Queensland College of Teachers) Act 2005
sec.283Confidentiality of particular information
Start here
Get a plain-English read of sec.283
Turn the raw legal text into a practical explanation grounded in Education (Queensland College of Teachers) Act 2005.
sec.283 Confidentiality of particular information
This section applies to a person who, in performing functions under this Act, has acquired information about another person, including relevant personal information. The person must not disclose the information to anyone else, unless the disclosure is permitted under subsection (3) or (3A) . Maximum penalty—40 penalty units. The person may disclose the information to someone else— to the extent necessary to perform the person’s functions under this Act; or if the disclosure is authorised under this or another Act; or if the disclosure is otherwise required or permitted by law; or if the person to whom the information relates is an adult and consents to the disclosure; or if the disclosure is in a form that does not disclose the identity of the person to whom the information relates; or if the information is, or has been, accessible to the public, including, for example, because it is or was recorded in the publicly available part of the register; or if the disclosure is to a practice and conduct committee in relation to a practice and conduct matter being heard by the committee; or if the disclosure is to a foreign regulatory authority and is necessary for the authority to perform its functions; or if the disclosure is to the Minister to allow the Minister to act under paragraph (j) ; or if the Minister considers the disclosure is in the public interest and authorises the person to disclose the information. However, if the information is interstate information— the person may, and may only, disclose the information to someone else— to the extent necessary to perform the person’s functions under section 12A , 15A , 65 (1) (b) or 285 ; or for a proceeding relating to section 12A ; and subsection (3) does not apply other than as mentioned in subsection (3) (d) , (e) or (f) . Subsection (3A) applies despite any other provision of an Act. If the Minister authorises information to be disclosed under subsection (3) (j) about a matter concerning an approved teacher, the Minister must inform the college of the authorisation and its purpose. In this section— publicly available part , of the register, see section 289 (3) . s 283 amd 2009 No. 48 s 56; 2016 No. 46 s 126 (sec.283-ssec.1) This section applies to a person who, in performing functions under this Act, has acquired information about another person, including relevant personal information. (sec.283-ssec.2) The person must not disclose the information to anyone else, unless the disclosure is permitted under subsection (3) or (3A) . Maximum penalty—40 penalty units. (sec.283-ssec.3) The person may disclose the information to someone else— to the extent necessary to perform the person’s functions under this Act; or if the disclosure is authorised under this or another Act; or if the disclosure is otherwise required or permitted by law; or if the person to whom the information relates is an adult and consents to the disclosure; or if the disclosure is in a form that does not disclose the identity of the person to whom the information relates; or if the information is, or has been, accessible to the public, including, for example, because it is or was recorded in the publicly available part of the register; or if the disclosure is to a practice and conduct committee in relation to a practice and conduct matter being heard by the committee; or if the disclosure is to a foreign regulatory authority and is necessary for the authority to perform its functions; or if the disclosure is to the Minister to allow the Minister to act under paragraph (j) ; or if the Minister considers the disclosure is in the public interest and authorises the person to disclose the information. (sec.283-ssec.3A) However, if the information is interstate information— the person may, and may only, disclose the information to someone else— to the extent necessary to perform the person’s functions under section 12A , 15A , 65 (1) (b) or 285 ; or for a proceeding relating to section 12A ; and subsection (3) does not apply other than as mentioned in subsection (3) (d) , (e) or (f) . (sec.283-ssec.3B) Subsection (3A) applies despite any other provision of an Act. (sec.283-ssec.4) If the Minister authorises information to be disclosed under subsection (3) (j) about a matter concerning an approved teacher, the Minister must inform the college of the authorisation and its purpose. (sec.283-ssec.5) In this section— publicly available part , of the register, see section 289 (3) .