40JConfidentiality

40J Confidentiality

(1) In this section—

relevant person means—

(a) an officer or employee of VLA;

(b) a conference chairperson or other person or body employed or engaged in the conduct of an alternative dispute resolution program.

(2) A party, or a person representing a party, to an alternative dispute resolution program must not, except in accordance with subsection (4) and section 40L(2), give to any other person or body, including a court, information acquired in the course of, or otherwise in connection with, the conduct of an alternative dispute resolution program.

1. 60 penalty units.

(3) A relevant person must not, except in accordance with subsection (4) or (5), give to any other person or body, including a court, information acquired in the course of, or otherwise in connection with, the conduct of an alternative dispute resolution program.

1. 60 penalty units.

(4) Subsections (2) and (3) do not apply where a party, or a person representing a party, or a relevant person gives, whether voluntarily or at the request of VLA, the information to VLA to fulfil its functions and duties, and for the administration of VLA generally.

(5) Subsection (3) does not apply where VLA has given its consent to a relevant person, and the relevant person gives the information to another person or body in the following circumstances—

(a) the person from whom the information was originally obtained has consented to giving it; or

(b) there are reasonable grounds to believe that the disclosure is necessary to prevent or minimise the danger of injury to a person or damage to property; or

(c) for statistical purposes without revealing, or being likely to reveal, the identity of a person about whom the information relates; or

(d) if the information is required for referring a party to any person, agency, organisation or other body, and the disclosure is made with the consent of the party, for aiding in the resolution of a dispute or assisting the party in any other matter; or

(e) the information is connected with a proceeding founded on fraud alleged to be connected with, or to have happened during, an alternative dispute resolution program.

(6) Nothing in this section limits or affects the operation of section 43.

S. 40K inserted by No. 17/2005 s. 5.