65Preservation of confidentiality

65 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 the person does so –

(a) when necessary for the purposes of this Act; or

(b) when expressly authorized or required under this or another Act; or

(c) when expressly authorized or required under the regulations; or

(d) when expressly authorized, in writing, by the person to whom it relates.

Penalty:  Fine not exceeding 50 penalty units.

(2)  Except where it is necessary to do so for the purposes of 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 the purposes of 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 the purposes of this section, the following persons are involved in the administration of this Act:

(a) the Commissioner;

(b) a conciliator;

(c) a professional mentor;

(d) another staff member;

(e) a member of a committee.

(5)  This section does not apply to the recording, disclosure or use of statistical or other information that could not reasonably be expected to lead to the identification of any person.