97Preservation of confidentiality

97 Preservation of confidentiality (1) A person must not record, disclose or use confidential information gained by the person through involvement in the administration of this Act unless it is: (a) necessary for this Act; or (b) expressly authorised or required under this or another Act; or (c) expressly authorised or required under the Regulations; or (d) expressly authorised in writing by the person to whom it relates. (2) Except if it is necessary to do so for this Act, a person is not required: (a) to disclose confidential information to a court or tribunal; or (b) to produce that part of a document that contains confidential information to a court or tribunal. (3) For this section, a person gains information through involvement in the administration of this Act if the person gains the information: (a) in the course of the involvement; or (b) because of opportunity provided by the involvement. (4) For this section, the following persons are involved in the administration of this Act: (a) the Commissioner; (b) a staff member; (ba) a contractor; (c) a conciliator; (d) a professional mentor; (e) a member of the Committee; (f) a member of a Board.

Health and Community Services Complaints Act 1998 53 (5) In this section: confidential information includes the following: (a) information about the identity, occupation or whereabouts of a complainant or a user or provider to whom a complaint relates or of a person who assists an investigation; (b) information disclosed by a complaint; (c) information of personal concern to a person; (d) information that, if disclosed, may cause detriment to a person. (6) A person does not commit an offence against subsection (1) in respect of confidential information that is of personal concern to a person or that may cause detriment to a person if the person did not know or could reasonably have known (proof which lies on the person) that recording, disclosure or using the information would cause concern or detriment.