sec.92Confidentiality of suitability report

### sec.92 Confidentiality of suitability report A member, officer, employee or agent of a relevant authority must not, directly or indirectly, disclose to anyone else a suitability report, or information in a suitability report, given to the relevant authority whether before or after the commencement of this section. Maximum penalty—200 penalty units. A member, officer, employee or agent of the board does not contravene subsection (1) if— disclosure of the suitability report or information in it to someone else is authorised by the board to the extent necessary to perform a function or exercise a power under this Act relating to an application for admission; or disclosure of the report or information in it is made to the corresponding authority for the board of another jurisdiction in which the person has applied for admission to the legal profession; or the disclosure is made with the consent of the person to whom it relates and, in the case of a health assessment, the health assessor; or the disclosure is otherwise required or permitted by law. A member, officer, employee or agent of a regulatory authority does not contravene subsection (1) if— disclosure of the suitability report or information in it to someone else is authorised by the regulatory authority to the extent necessary to perform a function or exercise a power under this Act in relation to— an application for the grant or renewal of a local practising certificate or for the grant or renewal of local registration; or the imposition or proposed imposition of conditions on a local practising certificate or local registration; or the amendment, suspension or cancellation or the proposed amendment, suspension or cancellation, of a local practising certificate or local registration; or disclosure of the suitability report or information in it is made to the regulatory authority of another jurisdiction when the person to whom it relates is an applicant for the grant or renewal of a practising certificate or the grant or renewal of interstate registration, or the holder of an interstate practising certificate or an interstate-registered foreign lawyer, under a corresponding law of the other jurisdiction; or the disclosure is made with the consent of the person to whom it relates and, in the case of a health assessment, the health assessor; or the disclosure is otherwise required or permitted by law. The relevant authority must ensure a suitability report is destroyed after— the application concerned is finally decided or is withdrawn; or other action relating to the imposition of conditions on a practising certificate or local registration, or the amendment, suspension or cancellation of a practising certificate or local registration, is taken or a decision is taken not to proceed with any other action. Subsection (1) does not apply to information in a suitability report if that information was given or obtained by the relevant authority other than as part of the suitability report. A suitability report may contain information that an applicant may have already disclosed, including name, address, or some information about previous convictions or a previous disqualification from being a lawyer. (sec.92-ssec.1) A member, officer, employee or agent of a relevant authority must not, directly or indirectly, disclose to anyone else a suitability report, or information in a suitability report, given to the relevant authority whether before or after the commencement of this section. Maximum penalty—200 penalty units. (sec.92-ssec.2) A member, officer, employee or agent of the board does not contravene subsection (1) if— disclosure of the suitability report or information in it to someone else is authorised by the board to the extent necessary to perform a function or exercise a power under this Act relating to an application for admission; or disclosure of the report or information in it is made to the corresponding authority for the board of another jurisdiction in which the person has applied for admission to the legal profession; or the disclosure is made with the consent of the person to whom it relates and, in the case of a health assessment, the health assessor; or the disclosure is otherwise required or permitted by law. (sec.92-ssec.3) A member, officer, employee or agent of a regulatory authority does not contravene subsection (1) if— disclosure of the suitability report or information in it to someone else is authorised by the regulatory authority to the extent necessary to perform a function or exercise a power under this Act in relation to— an application for the grant or renewal of a local practising certificate or for the grant or renewal of local registration; or the imposition or proposed imposition of conditions on a local practising certificate or local registration; or the amendment, suspension or cancellation or the proposed amendment, suspension or cancellation, of a local practising certificate or local registration; or disclosure of the suitability report or information in it is made to the regulatory authority of another jurisdiction when the person to whom it relates is an applicant for the grant or renewal of a practising certificate or the grant or renewal of interstate registration, or the holder of an interstate practising certificate or an interstate-registered foreign lawyer, under a corresponding law of the other jurisdiction; or the disclosure is made with the consent of the person to whom it relates and, in the case of a health assessment, the health assessor; or the disclosure is otherwise required or permitted by law. (sec.92-ssec.4) The relevant authority must ensure a suitability report is destroyed after— the application concerned is finally decided or is withdrawn; or other action relating to the imposition of conditions on a practising certificate or local registration, or the amendment, suspension or cancellation of a practising certificate or local registration, is taken or a decision is taken not to proceed with any other action. (sec.92-ssec.5) Subsection (1) does not apply to information in a suitability report if that information was given or obtained by the relevant authority other than as part of the suitability report. A suitability report may contain information that an applicant may have already disclosed, including name, address, or some information about previous convictions or a previous disqualification from being a lawyer. - (a) disclosure of the suitability report or information in it to someone else is authorised by the board to the extent necessary to perform a function or exercise a power under this Act relating to an application for admission; or - (b) disclosure of the report or information in it is made to the corresponding authority for the board of another jurisdiction in which the person has applied for admission to the legal profession; or - (c) the disclosure is made with the consent of the person to whom it relates and, in the case of a health assessment, the health assessor; or - (d) the disclosure is otherwise required or permitted by law. - (a) disclosure of the suitability report or information in it to someone else is authorised by the regulatory authority to the extent necessary to perform a function or exercise a power under this Act in relation to— (i) an application for the grant or renewal of a local practising certificate or for the grant or renewal of local registration; or (ii) the imposition or proposed imposition of conditions on a local practising certificate or local registration; or (iii) the amendment, suspension or cancellation or the proposed amendment, suspension or cancellation, of a local practising certificate or local registration; or - (i) an application for the grant or renewal of a local practising certificate or for the grant or renewal of local registration; or - (ii) the imposition or proposed imposition of conditions on a local practising certificate or local registration; or - (iii) the amendment, suspension or cancellation or the proposed amendment, suspension or cancellation, of a local practising certificate or local registration; or - (b) disclosure of the suitability report or information in it is made to the regulatory authority of another jurisdiction when the person to whom it relates is an applicant for the grant or renewal of a practising certificate or the grant or renewal of interstate registration, or the holder of an interstate practising certificate or an interstate-registered foreign lawyer, under a corresponding law of the other jurisdiction; or - (c) the disclosure is made with the consent of the person to whom it relates and, in the case of a health assessment, the health assessor; or - (d) the disclosure is otherwise required or permitted by law. - (i) an application for the grant or renewal of a local practising certificate or for the grant or renewal of local registration; or - (ii) the imposition or proposed imposition of conditions on a local practising certificate or local registration; or - (iii) the amendment, suspension or cancellation or the proposed amendment, suspension or cancellation, of a local practising certificate or local registration; or - (a) the application concerned is finally decided or is withdrawn; or - (b) other action relating to the imposition of conditions on a practising certificate or local registration, or the amendment, suspension or cancellation of a practising certificate or local registration, is taken or a decision is taken not to proceed with any other action.