97PIdentifying information not to be disclosed

#### 97P Identifying information not to be disclosed 97P Identifying information not to be disclosed > > (1) Information tending to identify a person as a protected person (identifying information) is not to be disclosed by a primary agency, a public official or a public authority. > > > (2) However, subsection (1) does not prevent the disclosure of the identifying information if— > > > > > (a) the person consents in writing to the disclosure of the identifying information, or > > > > > (b) it is generally known the person is a protected person as a result of the person’s voluntary self-identification as a protected person, or > > > > > (c) after consulting the person, the agency, official or authority reasonably considers it necessary to disclose the identifying information to protect a person from detriment, or > > > > > (d) it is necessary the identifying information be disclosed to a person whose interests are affected by the relevant protected action, or > > > > > (e) the identifying information has previously been lawfully published, or > > > > > (f) the identifying information is disclosed to a medical practitioner or psychologist for the purposes of the practitioner or psychologist providing medical or psychiatric care, treatment or counselling to the individual disclosing the information, or > > > > > (g) the identifying information is disclosed for the purposes of proceedings before a court or tribunal, or > > > > > (h) the identifying information is disclosed in accordance with a direction of a primary agency, if the primary agency certifies it is necessary to disclose the information in the public interest, or > > > > > (i) the disclosure of the identifying information is necessary to effectively investigate or deal with a complaint or disclosure of information under this Act, or > > > > > (j) the protected person took the relevant protected action to comply with or perform a protected obligation. > > > (3) To avoid doubt, a person does not voluntarily self-identify as a protected person merely by taking the relevant protected action in confidence. > > > (4) Other provisions of this Act that require, authorise, restrict or prohibit the disclosure of information prevail over this section to the extent of an inconsistency. > > **s 97P:** Ins 2022 No 14, Sch 6\[14\].