sec.153AConfidentiality

sec.153A Confidentiality

A person must not disclose, use or make a record of information the person has acquired— in performing a function, or exercising a power, under this Act; or because of an opportunity provided by the performance of the person’s function, or exercise of the person’s power, under this Act. Maximum penalty—40 penalty units. Subsection (1) does not apply if the information is disclosed or used, or a record of the information is made— for a purpose of this Act; or as permitted or required under another Act; or in compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal. Also, subsection (1) does not apply to the disclosure of information relating to fire safety at particular premises if the disclosure is to a person with an interest in the premises, including the owner or occupier of the premises. Further, subsection (1) does not apply to the disclosure of information relating to an investigation of a fire or hazardous materials emergency involving the death of, or serious injury to, a person if the disclosure is— to a police officer or a staff member of the police service under the Police Service Administration Act 1990 ; and for the purpose of an investigation by the commissioner of the police service of the death or injury. s 153A ins 1994 No. 87 s 3 sch 2 sub 2014 No. 17 s 100 amd 2023 No. 7 s 23 (sec.153A-ssec.1) A person must not disclose, use or make a record of information the person has acquired— in performing a function, or exercising a power, under this Act; or because of an opportunity provided by the performance of the person’s function, or exercise of the person’s power, under this Act. Maximum penalty—40 penalty units. (sec.153A-ssec.2) Subsection (1) does not apply if the information is disclosed or used, or a record of the information is made— for a purpose of this Act; or as permitted or required under another Act; or in compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal. (sec.153A-ssec.3) Also, subsection (1) does not apply to the disclosure of information relating to fire safety at particular premises if the disclosure is to a person with an interest in the premises, including the owner or occupier of the premises. (sec.153A-ssec.4) Further, subsection (1) does not apply to the disclosure of information relating to an investigation of a fire or hazardous materials emergency involving the death of, or serious injury to, a person if the disclosure is— to a police officer or a staff member of the police service under the Police Service Administration Act 1990 ; and for the purpose of an investigation by the commissioner of the police service of the death or injury.

• (a) in performing a function, or exercising a power, under this Act; or
• (b) because of an opportunity provided by the performance of the person’s function, or exercise of the person’s power, under this Act.