18Section 17

18 Section 17 17 Protection of information (1) A person commits an offence if–– (a) the person is, or has been, an entrusted person; and (b) the person obtained or generated information in the person’s capacity as an entrusted person; and (c) the information is protected information; and (d) the person discloses, uses, or makes a record of, the protected information. Maximum penalty: 50 penalty units, imprisonment for 1 year or both. (2) Strict liability applies to subsection (1) (a).

(3) To remove any doubt, the fault element for subsection (1) (b) is recklessness. (4) Subsection (1) does not apply if the disclosure, use or recording of the protected information is authorised under subsection (5). Note The defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code, s 58). (5) An entrusted person may disclose, use, or make a record of, protected information–– (a) in exercising, or assisting another person to exercise, a function under this Act; or (b) if the information has already been made available to the public; or (c) in a circumstance prescribed by regulation. (6) In this section: entrusted person means–– (a) a member; or (b) a member of the staff of a board; or (c) a lawyer assisting a board. protected information means information obtained or generated by a person in exercising, or assisting another person to exercise, a function under this Act.

Inquiries Act 1991 Part 6