sec.79Privacy

sec.79 Privacy

This section applies to a person who— is, or has been, the energy and water ombudsman or an energy and water ombudsman officer; and obtains in the course of, or because of, any of the following, personal or confidential information that is not publicly available— a preliminary inquiry; an investigation; the performance of another function of the energy and water ombudsman. The person must not— make a record of the information; or divulge or communicate the information to anyone else, whether directly or indirectly; or use the information to benefit any person. Maximum penalty—100 penalty units. However, subsection (2) does not apply if the record is made, or the information is divulged, communicated or used— for, or as a part of— the performance of the preliminary inquiry, investigation or other function of the energy and water ombudsman; or formulating a report about or arising from the preliminary inquiry, investigation or other function; or with the consent of the person to whom the information relates; or as required by law; or under section 80 (1) . Sections 31 and 39 also limit the disclosure of particular confidential information obtained during the performance of the energy and water ombudsman’s functions. Subsection (3) (a) does not limit section 78 (2) and (3) . Unless it is necessary to do so for carrying this Act into effect, the person is not required— to divulge or communicate the information to a court, tribunal, authority or person having power to require the production of documents or the answering of questions; or to produce in court a document that contains the information. In this section, a reference to the energy and water ombudsman or an energy and water ombudsman officer includes a reference to a person who was the energy ombudsman or an energy ombudsman officer under this Act as in force before the commencement of the Water and Other Legislation Amendment Act 2010 , section 3 . Without limiting section 25B , agreement of an eligible customer under the section may also have effect as consent under subsection (3) (b) . s 79 amd 2010 No. 53 ss 43 , 3 sch 1 ; 2015 No. 26 s 14 (sec.79-ssec.1) This section applies to a person who— is, or has been, the energy and water ombudsman or an energy and water ombudsman officer; and obtains in the course of, or because of, any of the following, personal or confidential information that is not publicly available— a preliminary inquiry; an investigation; the performance of another function of the energy and water ombudsman. (sec.79-ssec.2) The person must not— make a record of the information; or divulge or communicate the information to anyone else, whether directly or indirectly; or use the information to benefit any person. Maximum penalty—100 penalty units. (sec.79-ssec.3) However, subsection (2) does not apply if the record is made, or the information is divulged, communicated or used— for, or as a part of— the performance of the preliminary inquiry, investigation or other function of the energy and water ombudsman; or formulating a report about or arising from the preliminary inquiry, investigation or other function; or with the consent of the person to whom the information relates; or as required by law; or under section 80 (1) . Sections 31 and 39 also limit the disclosure of particular confidential information obtained during the performance of the energy and water ombudsman’s functions. (sec.79-ssec.4) Subsection (3) (a) does not limit section 78 (2) and (3) . (sec.79-ssec.5) Unless it is necessary to do so for carrying this Act into effect, the person is not required— to divulge or communicate the information to a court, tribunal, authority or person having power to require the production of documents or the answering of questions; or to produce in court a document that contains the information. (sec.79-ssec.6) In this section, a reference to the energy and water ombudsman or an energy and water ombudsman officer includes a reference to a person who was the energy ombudsman or an energy ombudsman officer under this Act as in force before the commencement of the Water and Other Legislation Amendment Act 2010 , section 3 . (sec.79-ssec.7) Without limiting section 25B , agreement of an eligible customer under the section may also have effect as consent under subsection (3) (b) .