sec.705Confidentiality of information

### sec.705 Confidentiality of information A person who discloses information obtained in the administration of this Act commits an offence, unless the disclosure is— authorised or required by this Act or another Act; or made in connection with the administration of this Act; or made with the consent of the person to whom the information relates; or made in connection with a legal proceeding under a relevant law or any report of a proceeding, including a proceeding before a disciplinary body relating to a discipline application; or otherwise made with a lawful excuse. Maximum penalty—200 penalty units. For the purposes of and without limiting subsection (1) , a person who receives information directly or indirectly from a corresponding authority is taken to have obtained the information in the administration of this Act. This section does not apply to the following disclosures of information— a disclosure that does not identify or help in identifying— a complainant; or an Australian legal practitioner, law practice employee or other entity that is the subject of a complaint or investigation matter, or an entity or law practice that employs the entity, legal practitioner or employee; or an investigated entity that is the subject of a chapter 5A investigation; or a person associated with an entity mentioned in subparagraph (i) , (ii) or (iii) ; a disclosure by an investigator— to the commissioner; or if the investigator was appointed by a regulatory authority—to the regulatory authority; or to the person to whom the information relates; a disclosure as prescribed under a regulation. This section is not limited by another provision of this Act— allowing an entity to disclose information; or requiring an entity to protect information. In this section— Australian legal practitioner includes a person to whom chapter 4 applies as mentioned in section 417 . s 705 amd 2022 No. 13 s 34 (sec.705-ssec.1) A person who discloses information obtained in the administration of this Act commits an offence, unless the disclosure is— authorised or required by this Act or another Act; or made in connection with the administration of this Act; or made with the consent of the person to whom the information relates; or made in connection with a legal proceeding under a relevant law or any report of a proceeding, including a proceeding before a disciplinary body relating to a discipline application; or otherwise made with a lawful excuse. Maximum penalty—200 penalty units. (sec.705-ssec.2) For the purposes of and without limiting subsection (1) , a person who receives information directly or indirectly from a corresponding authority is taken to have obtained the information in the administration of this Act. (sec.705-ssec.3) This section does not apply to the following disclosures of information— a disclosure that does not identify or help in identifying— a complainant; or an Australian legal practitioner, law practice employee or other entity that is the subject of a complaint or investigation matter, or an entity or law practice that employs the entity, legal practitioner or employee; or an investigated entity that is the subject of a chapter 5A investigation; or a person associated with an entity mentioned in subparagraph (i) , (ii) or (iii) ; a disclosure by an investigator— to the commissioner; or if the investigator was appointed by a regulatory authority—to the regulatory authority; or to the person to whom the information relates; a disclosure as prescribed under a regulation. (sec.705-ssec.4) This section is not limited by another provision of this Act— allowing an entity to disclose information; or requiring an entity to protect information. (sec.705-ssec.5) In this section— Australian legal practitioner includes a person to whom chapter 4 applies as mentioned in section 417 . - (a) authorised or required by this Act or another Act; or - (b) made in connection with the administration of this Act; or - (c) made with the consent of the person to whom the information relates; or - (d) made in connection with a legal proceeding under a relevant law or any report of a proceeding, including a proceeding before a disciplinary body relating to a discipline application; or - (e) otherwise made with a lawful excuse. - (a) a disclosure that does not identify or help in identifying— (i) a complainant; or (ii) an Australian legal practitioner, law practice employee or other entity that is the subject of a complaint or investigation matter, or an entity or law practice that employs the entity, legal practitioner or employee; or (iii) an investigated entity that is the subject of a chapter 5A investigation; or (iv) a person associated with an entity mentioned in subparagraph (i) , (ii) or (iii) ; - (i) a complainant; or - (ii) an Australian legal practitioner, law practice employee or other entity that is the subject of a complaint or investigation matter, or an entity or law practice that employs the entity, legal practitioner or employee; or - (iii) an investigated entity that is the subject of a chapter 5A investigation; or - (iv) a person associated with an entity mentioned in subparagraph (i) , (ii) or (iii) ; - (b) a disclosure by an investigator— (i) to the commissioner; or (ii) if the investigator was appointed by a regulatory authority—to the regulatory authority; or (iii) to the person to whom the information relates; - (i) to the commissioner; or - (ii) if the investigator was appointed by a regulatory authority—to the regulatory authority; or - (iii) to the person to whom the information relates; - (c) a disclosure as prescribed under a regulation. - (i) a complainant; or - (ii) an Australian legal practitioner, law practice employee or other entity that is the subject of a complaint or investigation matter, or an entity or law practice that employs the entity, legal practitioner or employee; or - (iii) an investigated entity that is the subject of a chapter 5A investigation; or - (iv) a person associated with an entity mentioned in subparagraph (i) , (ii) or (iii) ; - (i) to the commissioner; or - (ii) if the investigator was appointed by a regulatory authority—to the regulatory authority; or - (iii) to the person to whom the information relates; - (a) allowing an entity to disclose information; or - (b) requiring an entity to protect information.