sec.191Protection of confidentiality

sec.191 Protection of confidentiality

This section applies if a person (the first person ) obtains information about another person— in exercising a power or performing a function under this Act; or because of an opportunity provided by the exercise of the power or performance of the function. The first person must not do any of the following— make a record of the information; disclose or communicate the information, whether directly or indirectly: use the information to benefit any person. Maximum penalty—50 penalty units. However, the first person does not contravene subsection (2) if the disclosure, communication, making of a record, or use, of the information— is necessary to perform the first person’s functions under this Act; or is authorised under this or another Act; or is necessary to perform a function under the Public Records Act 2023 ; or is otherwise required or permitted by law; or is ordered by a court, commission or tribunal constituted by law in proceedings before it; or is in a form that does not disclose the identity of the other person; or relates to another person who is an adult and the other person consents to the disclosure; or relates to another person who is a child and the child’s parent consents to the disclosure; or is in a form that does not disclose the identity of the person to whom the information relates; or is made with the written consent of the chief executive who may give the consent if reasonably satisfied the disclosure is in the public interest. s 191 amd 2023 No. 33 s 107 sch 5 (sec.191-ssec.1) This section applies if a person (the first person ) obtains information about another person— in exercising a power or performing a function under this Act; or because of an opportunity provided by the exercise of the power or performance of the function. (sec.191-ssec.2) The first person must not do any of the following— make a record of the information; disclose or communicate the information, whether directly or indirectly: use the information to benefit any person. Maximum penalty—50 penalty units. (sec.191-ssec.3) However, the first person does not contravene subsection (2) if the disclosure, communication, making of a record, or use, of the information— is necessary to perform the first person’s functions under this Act; or is authorised under this or another Act; or is necessary to perform a function under the Public Records Act 2023 ; or is otherwise required or permitted by law; or is ordered by a court, commission or tribunal constituted by law in proceedings before it; or is in a form that does not disclose the identity of the other person; or relates to another person who is an adult and the other person consents to the disclosure; or relates to another person who is a child and the child’s parent consents to the disclosure; or is in a form that does not disclose the identity of the person to whom the information relates; or is made with the written consent of the chief executive who may give the consent if reasonably satisfied the disclosure is in the public interest.