sec.216Duty of confidentiality

sec.216 Duty of confidentiality

A person who is, or has been, a person exercising functions under this Law must not disclose to another person protected information. Maximum penalty— in the case of an individual—$5,000; or in the case of a body corporate—$10,000. However, subsection (1) does not apply if— the information is disclosed in the exercise of a function under, or for the purposes of, this Law; or the disclosure— is to a co-regulatory authority; or is authorised or required by any law of a participating jurisdiction; or the disclosure is otherwise required or permitted by law; or the disclosure is with the agreement of the person to whom the information relates; or the disclosure is in a form that does not identify the identity of a person; or the information relates to proceedings before a responsible tribunal and the proceedings are or were open to the public; or the information is, or has been, accessible to the public, including because it is or was recorded in a National Register; or the disclosure is otherwise authorised by the Ministerial Council. (sec.216-ssec.1) A person who is, or has been, a person exercising functions under this Law must not disclose to another person protected information. Maximum penalty— in the case of an individual—$5,000; or in the case of a body corporate—$10,000. (sec.216-ssec.2) However, subsection (1) does not apply if— the information is disclosed in the exercise of a function under, or for the purposes of, this Law; or the disclosure— is to a co-regulatory authority; or is authorised or required by any law of a participating jurisdiction; or the disclosure is otherwise required or permitted by law; or the disclosure is with the agreement of the person to whom the information relates; or the disclosure is in a form that does not identify the identity of a person; or the information relates to proceedings before a responsible tribunal and the proceedings are or were open to the public; or the information is, or has been, accessible to the public, including because it is or was recorded in a National Register; or the disclosure is otherwise authorised by the Ministerial Council.

• (a) in the case of an individual—$5,000; or
• (b) in the case of a body corporate—$10,000.
• (a) the information is disclosed in the exercise of a function under, or for the purposes of, this Law; or
• (b) the disclosure— (i) is to a co-regulatory authority; or (ii) is authorised or required by any law of a participating jurisdiction; or
• (i) is to a co-regulatory authority; or
• (ii) is authorised or required by any law of a participating jurisdiction; or
• (c) the disclosure is otherwise required or permitted by law; or
• (d) the disclosure is with the agreement of the person to whom the information relates; or