60CRestriction on disclosure of confidential information

60C Restriction on disclosure of confidential information (1) This section applies if— (a) information or a document is given or made available to the Commission— (i) under section 36(1); or (ii) under section 39K; or (iii) under section 51 before its expiry under section 47 on 31 December 2007; or Part 6 of the **Essential Services Commission Act 2001**, as originally enacted, included sections 47 and 51. Section 47, as amended by section 26 of the **Energy Legislation (Amendment) Act 2004**, provided for the expiry of Part 6 on 31 December 2007. (iv) under section 212E of the **Accident Towing Services Act 2007**; and (b) at the time the information or document is given, the person giving it states that it is of a confidential or commercially-sensitive nature. (2) Before the Commission makes a decision under subsection (3), the Commission must— (a) give the person giving the information or document an opportunity to make a submission to the Commission specifying— (i) why the information or document is of a confidential or commercially-sensitive nature; and (ii) the detriment that would be caused by the disclosure of the information or document; and (b) consider any submission made by that person. (3) The Commission must not disclose the information or the contents of the document to any person unless— (a) the Commission is of the opinion— (i) that the disclosure of the information or document would not cause detriment to the person supplying it; or (ii) that although the disclosure of the information or document would cause detriment to the person supplying it, the public benefit in disclosing it outweighs that detriment; and (b) the Commission is of the opinion, in relation to any other person who is aware of the information or the contents of the document and who might be detrimentally affected by the disclosure— (i) that the disclosure of the information or document would not cause detriment to that person; or (ii) that although the disclosure of the information or document would cause detriment to that person, the public benefit in disclosing it outweighs that detriment; and (c) the Commission gives the person who supplied the information or document a written notice— (i) stating that the Commission wishes to disclose the information or contents of the document, specifying the nature of the intended disclosure and setting out detailed reasons why the Commission wishes to make the disclosure; and (ii) stating that the Commission is of the opinion required by paragraph (a) and setting out detailed reasons why it is of that opinion; and (iii) setting out a copy of this section and section 55 and, as the case requires, section 45 of this Act or section 212F of the **Accident Towing Services Act 2007**; and (d) if the Commission is aware that the person who supplied the information or document in turn received the information or document from another person and is aware of that other person's identity and address, the Commission gives that other person a written notice— (i) containing the details required by paragraph (c); and (ii) stating that the Commission is of the opinion required by paragraph (b) in relation to that other person and setting out detailed reasons why it is of that opinion; and (e) no application is made to VCAT in respect of any notice given under paragraph (c) or (d) within the time permitted by section 55(3). Penalty: 120 penalty units. (4) Subsection (3) does not prevent the Commission— (a) from disclosing information or the contents of a document to— (i) the chief executive officer employed under section 23A(1); or (ii) an employee employed under section 24(1); or (iii) a member of staff referred to in section 24(2); or (iv) a consultant engaged under section 25; or (v) a member of a Division, committee or panel acting under a delegation under section 26; or (b) from using information or a document for the purposes of an inquiry or investigation; or (c) from disclosing information or the contents of a document produced in compliance with the order of a court or tribunal; or (d) from disclosing information or the contents of a document to a court or tribunal in the course of a legal proceeding; or (e) from disclosing information or the contents of a document to the Minister in a report prepared in the form required by section 45(2) or 212F(2) of the **Accident Towing Services Act 2007**; or (f) from supplying the information or document to VCAT for the purposes of a proceeding before VCAT under this Act in relation to the information or document. (5) If an application is made under section 55 and the application is withdrawn or the proceeding on the application is dismissed by VCAT, the Commission may disclose any information, or the contents of any document, that was the subject of the application in the manner set out in the notice given under subsection (3)(c). (6) If an application is made under section 55 and VCAT sets aside the decision and makes a decision in accordance with section 56(b)(ii)(B), the Commission may disclose anything that VCAT permits it to disclose in the manner specified by VCAT. (7) For the purposes of this section, the disclosure of anything that is already in the public domain at the time the Commission wishes to disclose it cannot cause detriment to any person referred to in subsection (3)(a) or (3)(b). S. 60D inserted by No. 41/2021 s. 31.