sec.239Secrecy

sec.239 Secrecy

In this section— court includes a tribunal, authority or person having power to require the production of documents or the answering of questions. person to whom this section applies means a person who is, or was at any time, involved in the administration of this Act. produce includes permit access to. protected document means a document that— contains information that concerns a person; and is obtained or made by a person to whom this section applies in the course of, or because of, the person’s duty under this Act. protected information means information that— concerns a person; and is disclosed to, or obtained by, a person to whom this section applies in the course of, or because of, the person’s duties under this Act. A person to whom this section applies must not— make a record of protected information; or whether directly or indirectly, divulge or communicate to a person protected information about another person. Maximum penalty—160 penalty units. However, subsection (2) does not apply if the record is made, or the information divulged or communicated— under this Act; or in the performance of duties, as a person to whom this section applies, under this Act. Unless it is necessary to do so for carrying this Act into effect, a person to whom this section applies is not required— to divulge or communicate protected information to a court; or to produce a protected document in court. This section applies subject to section 133 . s 239 amd 1999 No. 27 s 76 sch 1 pt 2 (sec.239-ssec.1) In this section— court includes a tribunal, authority or person having power to require the production of documents or the answering of questions. person to whom this section applies means a person who is, or was at any time, involved in the administration of this Act. produce includes permit access to. protected document means a document that— contains information that concerns a person; and is obtained or made by a person to whom this section applies in the course of, or because of, the person’s duty under this Act. protected information means information that— concerns a person; and is disclosed to, or obtained by, a person to whom this section applies in the course of, or because of, the person’s duties under this Act. (sec.239-ssec.2) A person to whom this section applies must not— make a record of protected information; or whether directly or indirectly, divulge or communicate to a person protected information about another person. Maximum penalty—160 penalty units. (sec.239-ssec.3) However, subsection (2) does not apply if the record is made, or the information divulged or communicated— under this Act; or in the performance of duties, as a person to whom this section applies, under this Act. (sec.239-ssec.4) Unless it is necessary to do so for carrying this Act into effect, a person to whom this section applies is not required— to divulge or communicate protected information to a court; or to produce a protected document in court. (sec.239-ssec.5) This section applies subject to section 133 .