sec.36Confidentiality of information

sec.36 Confidentiality of information

If a person gains confidential information through involvement in the administration of this Act, the person must not— make a record of the information or intentionally disclose the information to anyone, other than under subsection (3) ; or recklessly disclose the information to anyone. Maximum penalty—200 penalty units. A person gains information through involvement in the administration of this Act if the person gains the information because of being, or an opportunity given by being— the Minister or a member of the Minister’s staff; or a commissioner; or a member of the board; or a staff member of the commission; or a person consulted or employed by the commission for this Act; or a member of an advisory council. A person may make a record of confidential information or disclose it to someone else— if the principal commissioner decides the information may be disclosed under subsection (4) ; or under this Act; or as authorised or required under another law; or in compliance with a lawful process requiring the production of documents or giving of evidence before a court or tribunal; or with the written consent of the person to whom the information relates. The principal commissioner may decide to disclose confidential information to a person if the commissioner is satisfied— the disclosure is reasonably necessary— to prevent or minimise the risk of harm to anyone; or to improve the performance of a function or service to prevent or minimise the risk of harm to anyone; and the public interest in preventing or minimising the risk of harm outweighs the need to protect the privacy of any living or dead person. s 36 amd 2020 No. 2 s 24 (sec.36-ssec.1) If a person gains confidential information through involvement in the administration of this Act, the person must not— make a record of the information or intentionally disclose the information to anyone, other than under subsection (3) ; or recklessly disclose the information to anyone. Maximum penalty—200 penalty units. (sec.36-ssec.2) A person gains information through involvement in the administration of this Act if the person gains the information because of being, or an opportunity given by being— the Minister or a member of the Minister’s staff; or a commissioner; or a member of the board; or a staff member of the commission; or a person consulted or employed by the commission for this Act; or a member of an advisory council. (sec.36-ssec.3) A person may make a record of confidential information or disclose it to someone else— if the principal commissioner decides the information may be disclosed under subsection (4) ; or under this Act; or as authorised or required under another law; or in compliance with a lawful process requiring the production of documents or giving of evidence before a court or tribunal; or with the written consent of the person to whom the information relates. (sec.36-ssec.4) The principal commissioner may decide to disclose confidential information to a person if the commissioner is satisfied— the disclosure is reasonably necessary— to prevent or minimise the risk of harm to anyone; or to improve the performance of a function or service to prevent or minimise the risk of harm to anyone; and the public interest in preventing or minimising the risk of harm outweighs the need to protect the privacy of any living or dead person.