20Confidentiality

20 Confidentiality (1) This section applies to a person who is, or has been— (a) the Public Advocate; or (b) an Acting Public Advocate; or (c) a Public Advocate employee. (2) A person must not, directly or indirectly, make a record of, disclose or communicate to any other person, any information relating to the affairs of an individual acquired in the exercise of a power, the carrying out of a function or the performance of a duty under this Act which may identify the individual unless— (a) it is necessary to do so for the purposes of, or in connection with, the exercise of a power, the carrying out of a function or the performance of a duty under this or any other Act; or (b) it is necessary to do so for the purposes of a criminal proceeding or any other proceeding under this or any other Act; or (c) the individual to whom the information relates gives written consent to the making of the record, disclosure or communication; or (d) it is necessary to do so for the purposes of enabling a guardian, supportive guardian, relative or primary carer of the individual to provide support or care to that individual; or (e) the information is disclosed or communicated to a police officer for the purposes of reporting a suspected offence or assisting in the investigation of a suspected offence; or (f) making the record of the information, or disclosing or communicating the information to any other person, is authorised by an Act or an Act of the Commonwealth or any other State or a Territory. Penalty: 60 penalty units.