Forensic Disability Act 2011
sec.122Confidentiality of information—other persons
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sec.122 Confidentiality of information—other persons
This section applies to a person who gains confidential information through the person’s involvement in the administration of this Act. The person must not disclose the information to anyone, other than under subsection (4) . Maximum penalty—100 penalty units. Without limiting subsection (1) , 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, any of the following— the Minister; the chief executive; the director; the chief psychiatrist; the administrator; a practitioner; a forensic disability service employee not mentioned in paragraph (f) ; an authorised officer; an employee in the department. A person may disclose information to someone else— for administering, monitoring or enforcing compliance with this Act; or to discharge a function under another law; or for a proceeding in a court or tribunal; or if authorised under another law or a regulation made under this Act; or if— the person is authorised in writing by the person to whom the information relates; and the person to whom the information relates is an adult when the authorisation is given; or to protect a forensic disability client from abuse, neglect or exploitation. In this section— confidential information includes information about a person’s affairs but does not include— information already publicly disclosed unless further disclosure of the information is prohibited by law; or statistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates. s 122 amd 2016 No. 5 s 899 (sec.122-ssec.1) This section applies to a person who gains confidential information through the person’s involvement in the administration of this Act. (sec.122-ssec.2) The person must not disclose the information to anyone, other than under subsection (4) . Maximum penalty—100 penalty units. (sec.122-ssec.3) Without limiting subsection (1) , 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, any of the following— the Minister; the chief executive; the director; the chief psychiatrist; the administrator; a practitioner; a forensic disability service employee not mentioned in paragraph (f) ; an authorised officer; an employee in the department. (sec.122-ssec.4) A person may disclose information to someone else— for administering, monitoring or enforcing compliance with this Act; or to discharge a function under another law; or for a proceeding in a court or tribunal; or if authorised under another law or a regulation made under this Act; or if— the person is authorised in writing by the person to whom the information relates; and the person to whom the information relates is an adult when the authorisation is given; or to protect a forensic disability client from abuse, neglect or exploitation. (sec.122-ssec.5) In this section— confidential information includes information about a person’s affairs but does not include— information already publicly disclosed unless further disclosure of the information is prohibited by law; or statistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates.