47Protection of confidential information

47 Protection of confidential information

47 Protection of confidential information

(1) In this section—

duty of confidentiality—a person is subject to a duty of confidentiality if—

(a) the person is, or has been, engaged in work related to the administration 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 work related to the administration of this Act.

protected information means information obtained in the course of work related to the administration of this Act about—

(a) an applicant for a first home owner grant or the applicant’s spouse, or

(b) an applicant, including a former applicant, for participation in a shared equity scheme or the applicant’s spouse.

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

Maximum penalty—100 penalty units.

(3) 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 of the following laws (including for the purpose of any legal proceedings arising out of any of those laws or a report of any such proceedings)—

(i) this Act or a corresponding law,

(ia) the Unclaimed Money Act 1995,

(ii) a taxation law of the Commonwealth or a State or Territory,

(iii) the First Home Saver Accounts Act 2008 of the Commonwealth, or

(b1) to the Commonwealth or Housing Australia to assist in determining whether a person is ineligible to enter into a Help to Buy arrangement because the person is receiving assistance under a State or Territory home buyer scheme, or

(c) to the Australian Charities and Not-for-profits Commission or a person authorised by the Australian Charities and Not-for-profits Commissioner, or