Justices of the Peace and Commissioners for Declarations Act 1991
sec.33AConfidentiality
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sec.33A Confidentiality
This section applies to a person who— is, or has been, a public service employee performing functions under or relating to the administration of this Act; and in that capacity, has acquired or has access to personal information about another person. The person must not disclose the information to anyone else, or use the information, other than under this section. Maximum penalty—20 penalty units. The person may disclose or use the information— to the extent the disclosure or use is— necessary to perform the person’s functions under or relating to this Act; or otherwise required or permitted under this Act or another law; or with the consent of the person to whom the information relates; or in compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal. In this section— disclose includes give access to. information includes a document. personal information means information about a person’s affairs. s 33A ins 2023 No. 23 s 100 (sec.33A-ssec.1) This section applies to a person who— is, or has been, a public service employee performing functions under or relating to the administration of this Act; and in that capacity, has acquired or has access to personal information about another person. (sec.33A-ssec.2) The person must not disclose the information to anyone else, or use the information, other than under this section. Maximum penalty—20 penalty units. (sec.33A-ssec.3) The person may disclose or use the information— to the extent the disclosure or use is— necessary to perform the person’s functions under or relating to this Act; or otherwise required or permitted under this Act or another law; or with the consent of the person to whom the information relates; or in compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal. (sec.33A-ssec.4) In this section— disclose includes give access to. information includes a document. personal information means information about a person’s affairs.
- (a) is, or has been, a public service employee performing functions under or relating to the administration of this Act; and
- (b) in that capacity, has acquired or has access to personal information about another person.
- (a) to the extent the disclosure or use is— (i) necessary to perform the person’s functions under or relating to this Act; or (ii) otherwise required or permitted under this Act or another law; or
- (i) necessary to perform the person’s functions under or relating to this Act; or
- (ii) otherwise required or permitted under this Act or another law; or
- (b) with the consent of the person to whom the information relates; or
- (c) in compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal.