152Non-disclosure of information given in conciliation

152 Non-disclosure of information given in conciliation

(1) Each of the following persons must not disclose outside a conciliation any information gained by the person in the conciliation, other than information as to the terms of or about an undertaking given in the conciliation—

(a) the Commissioner;

(b) any member of the staff of the Commissioner.

Penalty: 60 penalty units.

(2) Despite subsection (1), a person listed in subsection (1) is authorised and may disclose information to which subsection (1) applies if—

(a) the disclosure is made with the written authority of the person to whom the information relates; or

(b) the disclosure is made with the written authority of the Secretary, and the Secretary reasonably believes it is in the public interest to do so; or

(c) the disclosure is made by a member of the staff of the Commissioner to the Commissioner or an Assistant Commissioner for the purposes of the Commissioner's functions under Part 3; or

S. 152(2)(d) amended by No. 34/2019 s. 84.

(d) the Commissioner reasonably believes that the disclosure is necessary to avoid a serious risk to—