52Protection of confidential information

52 Protection of confidential information

(1)  In this section –

protected information means information obtained in the course of work related to the administration of this Act about an application for a grant under this Act.

(2)  For the purposes of this section, a person is subject to a duty of confidentiality if –

(a) the person is, or has been, engaged in work related to the administration of this Act; or

(b) the person has obtained access to protected information, whether directly or indirectly, from a person who is, or has been, engaged in work related to the administration of this Act.

(3)  A person who is subject to a duty of confidentiality under this section must not disclose protected information except as permitted under subsection (4) .

Penalty:  Fine not exceeding 100 penalty units.

(4)  Protected information may be disclosed –

(a) at the request, or with the consent, of the person to whom the information relates or another person acting on behalf of that person; or

(b) in connection with the administration, or enforcement, of –

(i) this Act or a corresponding law; or

(ii) a taxation law of the Commonwealth or a State or Territory; or

(c) to the Commonwealth if –

(i) the protected information relates to the grant of, or an application for, the Commonwealth HomeBuilder grant; and

(ii) the disclosure of the information is at the request of the Commonwealth; and

(iii) the disclosure of the information is in accordance with the National Partnership; or

(d) for the purposes of legal proceedings; or

(e) as prescribed under the regulations.