47Privilege and confidentiality

47 Privilege and confidentiality (1) A conciliator must not disclose information obtained or evidence of anything said or admitted during the course of the conciliation process except: (a) in a report made under this Part; or (b) to his or her professional mentor or a staff member or contractor mentioned in section 46. (2) A professional mentor or a staff member or contractor mentioned in section 46 must not disclose information obtained from a conciliator as permitted by subsection (1)(b). (3) A person, other than a conciliator, professional mentor or a staff member or contractor mentioned in section 46, must not divulge or communicate to a person information obtained during the conciliation process other than for the purposes of conciliation. (4) Evidence of anything said or admitted during the conciliation process: (a) is not admissible in proceedings before any court, tribunal or board; and (b) may not be used by the Commissioner as a ground for an investigation or inquiry. (5) Nothing in this section prohibits the use of information obtained during the conciliation process for the purposes of the prosecution of a person for an offence against this Act.

Health and Community Services Complaints Act 1998 28