50Protection of confidential information

50 Protection of confidential information

(1) In this section—

S. 50(1) def. of home buyer scheme inserted by No. 22/2021 s. 17(a).

home buyer scheme has the meaning given by section 34A;

S. 50(1) def. of protected information amended by No. 27/2001 s. 3(Sch. 1 item 3.7), substituted by No. 22/2021 s. 17(b).

protected information means information obtained under or in relation to the administration of this Act about—

(a) an applicant for a first home owner grant or an applicant's partner; or

(b) a person in connection with a home buyer scheme.

(2) A person is subject to a duty of confidentiality if—

(a) the person is, or has been, engaged in the administration or enforcement of this Act; or

(b) the person has obtained access to protected information (directly or indirectly) from a person who is, or has been, engaged in the administration or enforcement of this Act.

(3) A person who is subject to a duty of confidentiality must not disclose protected information except as permitted by subsection (4).

(4) Protected information may be disclosed—

(a) at the request or with the consent of the person to whom the information relates or a person acting on that person's behalf; or

(b) in connection with the administration or enforcement of—

(i) this Act or a corresponding law; or

(ii) a taxation law; or

S. 50(4)(c) amended by No. 84/2008 s. 20.

(c) for the purposes of legal proceedings arising out of this Act, a corresponding law or a taxation law, or a report of those proceedings; or

S. 50(4)(ca) inserted by No. 71/2004 s. 29.

(ca) to the following in connection with an investigation or prosecution carried out in the course of their duty—

S. 50(4)(ca)(i) substituted by No. 37/2014 s. 10(Sch. item 64).

(i) a police officer within the meaning of the Victoria Police Act 2013; or

(ii) a member of the Australian Federal Police; or

(iii) the Director of Consumer Affairs Victoria; or

S. 50(4)(ca)(iv) substituted by No. 40/2022 s. 55.

(iv) Homes Victoria; or

S. 50(4)(ca)(v) inserted by No. 41/2013 s. 42, substituted by No. 17/2014 s. 160(Sch. 2 item 43).

(v) the Victorian Legal Services Board; or

S. 50(4)(ca)(vi) inserted by No. 41/2013 s. 42, substituted by No. 17/2014 s. 160(Sch. 2 item 43).