sec.40Confidentiality of information

sec.40 Confidentiality of information

This section applies if a person gains confidential information through involvement in the administration of this Act because of being, or an opportunity given by being— the director; or a deputy director; or a council member; or a staff member of Forensic Science Queensland; or a person assisting the council in the performance of its functions; or a person assisting the director under an arrangement; or a public sector employee or other person assisting the director. The person must not disclose the information to anyone else, or use the information, other than under this section. Maximum penalty—200 penalty units. The person may disclose or use the information— to the extent the disclosure or use is— necessary to perform the person’s functions under or relating to this Act; or required or permitted by this Act or another law; or if the disclosure is— under an arrangement for the provision of forensic services; and to the person or other entity that requested the forensic services under the arrangement; or for a proceeding in a court or tribunal; or if authorised by a court or tribunal in the interests of justice; or with the consent of the person to whom the information relates. In this section— arrangement means an arrangement mentioned in section 14 (1) (a) . confidential information — includes information about a person’s affairs; but does not include statistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates. disclose includes give access to. s 40 amd 2025 No. 18 s 59V (sec.40-ssec.1) This section applies if a person gains confidential information through involvement in the administration of this Act because of being, or an opportunity given by being— the director; or a deputy director; or a council member; or a staff member of Forensic Science Queensland; or a person assisting the council in the performance of its functions; or a person assisting the director under an arrangement; or a public sector employee or other person assisting the director. (sec.40-ssec.2) The person must not disclose the information to anyone else, or use the information, other than under this section. Maximum penalty—200 penalty units. (sec.40-ssec.3) The person may disclose or use the information— to the extent the disclosure or use is— necessary to perform the person’s functions under or relating to this Act; or required or permitted by this Act or another law; or if the disclosure is— under an arrangement for the provision of forensic services; and to the person or other entity that requested the forensic services under the arrangement; or for a proceeding in a court or tribunal; or if authorised by a court or tribunal in the interests of justice; or with the consent of the person to whom the information relates. (sec.40-ssec.4) In this section— arrangement means an arrangement mentioned in section 14 (1) (a) . confidential information — includes information about a person’s affairs; but does not include statistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates. disclose includes give access to.