103Secrecy provision

103 Secrecy provision

(1) This section applies to—

(a) the Commissioner, an Acting Commissioner or a person who has at any time been the Commissioner or an Acting Commissioner; and

(b) a person who is, or has at any time been, an employee, consultant, contractor, agent or person assisting the Authority referred to in section 53.

(2) A person to whom this section applies must not, either directly or indirectly, make a record of, or disclose or communicate to any person, any information concerning the affairs of any person acquired under or for the purposes of this Act.

1. 75 penalty units.

(3) Despite subsection (2), a person to whom this section applies may—

(a) make a record of, or disclose or communicate any information referred to in that subsection—

(i) in any legal proceedings under this Act or under a prescribed law or under an order of a court or VCAT; or

S. 103(3)(a)(ii) amended by No. 57/2025 s. 27(1).

(ii) in, or in connection with, the performance of a function or duty under or in connection with this Act or a labour hire industry law; or

S. 103(3)(a)(iii) amended by No. 57/2025 s. 27(2).

(iii) if the information is the subject of or relevant to a complaint, investigation or inquiry under a law referred to in section 23(1A); and

(b) disclose or communicate any information referred to in that subsection to the following—

(i) VCAT;

(ii) a police officer for the purposes of reporting a suspected offence or assisting in the investigation of a suspected offence;

(iii) a police officer who is performing a duty under or in connection with any Act;

S. 103(3)(b)(iv) substituted by No. 57/2025 s. 27(3).

(iv) if the information is the subject of or relevant to a complaint, investigation or inquiry under a law specified in section 23(1A), to a regulator responsible for dealing with the matter;

(v) a prescribed person who is, or a prescribed body that is, performing a duty under or in connection with any Act;

(vi) any other person, with the consent of the person to whom the information relates.

S. 103A inserted by No. 57/2025 s. 28.