sec.54Confidentiality of information

### sec.54 Confidentiality of information A person who is, or was, the commissioner must not disclose confidential information gained by the person in performing a function or exercising a power under this Act or another Act. Maximum penalty—200 penalty units or 2 years imprisonment. However, the person may disclose confidential information if— the disclosure is for a purpose under this Act or another Act; or the disclosure is otherwise required or permitted by law. A person who is, or was, a departmental officer or an inspector must not disclose confidential information gained by the person in performing functions under this Act. Maximum penalty—200 penalty units or 2 years imprisonment. A person who is, or was, a licensed monitoring operator must not disclose information about a licensee’s operations gained by the person in carrying out the person’s operations as a licensed monitoring operator. Maximum penalty—200 penalty units or 2 years imprisonment. A person who is, or was, employed by a licensed monitoring operator in any capacity must not disclose information about a licensee’s operations gained by the person in carrying out the person’s functions in that capacity. Maximum penalty—200 penalty units or 2 years imprisonment. However, a person mentioned in subsection (3) , (4) or (5) may disclose confidential or other information if— the disclosure is for a purpose under this Act or a gaming Act; or the disclosure is otherwise required or permitted by law; or the commissioner approves the disclosure under this section. The commissioner may approve a disclosure of confidential or other information by a person mentioned in subsection (3) , (4) or (5) to— an entity prescribed under a regulation; or an officer, employee or member of the entity; or a stated department, person or other entity. Before giving an approval for subsection (7) (c) , the commissioner must— give written notice of the proposed approval to each person whom the commissioner considers is likely to be affected adversely by the disclosure; and give the person the opportunity to make a submission about the proposed approval within the period, of at least 14 days, stated in the notice. If, under an approval given by the commissioner, a person mentioned in subsection (3) , (4) or (5) discloses confidential or other information to an entity or person, the entity or person, and any employee or other person under the control of the entity or person, are taken to be persons to whom the subsection applies and to have gained the confidential or other information in the way mentioned in the subsection. In this section— confidential information means information, other than information that is publicly available, about— a person’s personal affairs, business affairs or reputation, character, criminal history, current financial position or financial background; or a person making an application under this Act. s 54 prev s 54 amd 1993 No. 63 s 2 sch om 1997 No. 24 s 11 pres s 54 amd 1992 No. 35 sch; 1994 No. 87 s 3 sch 1 ; 1995 No. 58 s 4 sch 1 ; 1996 No. 47 s 244 sch 3 ; 1997 No. 24 ss 9 , 61 sch ; 1998 No. 14 s 266 (10) – (11) ; 1999 No. 77 s 19 ; 2000 No. 51 s 20 sch ; 2001 No. 50 s 5 ; 2002 No. 43 s 39 sub 2004 No. 21 s 37 amd 2005 No. 12 s 88 sch ; 2012 No. 25 ss 47 , 109 (1) (sec.54-ssec.1) A person who is, or was, the commissioner must not disclose confidential information gained by the person in performing a function or exercising a power under this Act or another Act. Maximum penalty—200 penalty units or 2 years imprisonment. (sec.54-ssec.2) However, the person may disclose confidential information if— the disclosure is for a purpose under this Act or another Act; or the disclosure is otherwise required or permitted by law. (sec.54-ssec.3) A person who is, or was, a departmental officer or an inspector must not disclose confidential information gained by the person in performing functions under this Act. Maximum penalty—200 penalty units or 2 years imprisonment. (sec.54-ssec.4) A person who is, or was, a licensed monitoring operator must not disclose information about a licensee’s operations gained by the person in carrying out the person’s operations as a licensed monitoring operator. Maximum penalty—200 penalty units or 2 years imprisonment. (sec.54-ssec.5) A person who is, or was, employed by a licensed monitoring operator in any capacity must not disclose information about a licensee’s operations gained by the person in carrying out the person’s functions in that capacity. Maximum penalty—200 penalty units or 2 years imprisonment. (sec.54-ssec.6) However, a person mentioned in subsection (3) , (4) or (5) may disclose confidential or other information if— the disclosure is for a purpose under this Act or a gaming Act; or the disclosure is otherwise required or permitted by law; or the commissioner approves the disclosure under this section. (sec.54-ssec.7) The commissioner may approve a disclosure of confidential or other information by a person mentioned in subsection (3) , (4) or (5) to— an entity prescribed under a regulation; or an officer, employee or member of the entity; or a stated department, person or other entity. (sec.54-ssec.8) Before giving an approval for subsection (7) (c) , the commissioner must— give written notice of the proposed approval to each person whom the commissioner considers is likely to be affected adversely by the disclosure; and give the person the opportunity to make a submission about the proposed approval within the period, of at least 14 days, stated in the notice. (sec.54-ssec.9) If, under an approval given by the commissioner, a person mentioned in subsection (3) , (4) or (5) discloses confidential or other information to an entity or person, the entity or person, and any employee or other person under the control of the entity or person, are taken to be persons to whom the subsection applies and to have gained the confidential or other information in the way mentioned in the subsection. (sec.54-ssec.10) In this section— confidential information means information, other than information that is publicly available, about— a person’s personal affairs, business affairs or reputation, character, criminal history, current financial position or financial background; or a person making an application under this Act. - (a) the disclosure is for a purpose under this Act or another Act; or - (b) the disclosure is otherwise required or permitted by law. - (a) the disclosure is for a purpose under this Act or a gaming Act; or - (b) the disclosure is otherwise required or permitted by law; or - (c) the commissioner approves the disclosure under this section. - (a) an entity prescribed under a regulation; or - (b) an officer, employee or member of the entity; or - (c) a stated department, person or other entity. - (a) give written notice of the proposed approval to each person whom the commissioner considers is likely to be affected adversely by the disclosure; and - (b) give the person the opportunity to make a submission about the proposed approval within the period, of at least 14 days, stated in the notice. - (a) a person’s personal affairs, business affairs or reputation, character, criminal history, current financial position or financial background; or - (b) a person making an application under this Act.