QLDIn ForceAct
Environmental Protection Act 1994
sec.318UConfidentiality of suitability reports
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### sec.318U Confidentiality of suitability reports
This section applies to a person who—
is, or has been, a public service employee; and
has, in that capacity acquired information, or gained access to a suitability report about another person or entity (the second entity ).
The person must not disclose the information, or give access to the report, to anyone else.
Maximum penalty—100 penalty units.
However, subsection (2) does not apply if the disclosure of the information, or giving of access to the report, is—
with the second entity’s written consent; or
to another public service employee for making the decision for which the report was obtained; or
to the Land Court or the Court; or
to a person carrying out functions for the Land Court, Court or chief executive; or
to a person employed or engaged to give advice to the Land Court, Court or chief executive in the carrying out of its functions; or
under a direction or order made in a proceeding; or
expressly permitted or required under another Act.
s 318U ins 2012 No. 16 s 8
amd 2020 No. 26 s 118 sch 1
(sec.318U-ssec.1) This section applies to a person who— is, or has been, a public service employee; and has, in that capacity acquired information, or gained access to a suitability report about another person or entity (the second entity ).
(sec.318U-ssec.2) The person must not disclose the information, or give access to the report, to anyone else. Maximum penalty—100 penalty units.
(sec.318U-ssec.3) However, subsection (2) does not apply if the disclosure of the information, or giving of access to the report, is— with the second entity’s written consent; or to another public service employee for making the decision for which the report was obtained; or to the Land Court or the Court; or to a person carrying out functions for the Land Court, Court or chief executive; or to a person employed or engaged to give advice to the Land Court, Court or chief executive in the carrying out of its functions; or under a direction or order made in a proceeding; or expressly permitted or required under another Act.
- (a) is, or has been, a public service employee; and
- (b) has, in that capacity acquired information, or gained access to a suitability report about another person or entity (the second entity ).
- (a) with the second entity’s written consent; or
- (b) to another public service employee for making the decision for which the report was obtained; or
- (c) to the Land Court or the Court; or
- (d) to a person carrying out functions for the Land Court, Court or chief executive; or
- (e) to a person employed or engaged to give advice to the Land Court, Court or chief executive in the carrying out of its functions; or
- (f) under a direction or order made in a proceeding; or
- (g) expressly permitted or required under another Act.