362Confidentiality

362 Confidentiality

362 Confidentiality

(1) An external intervener must not disclose information obtained as a result of his or her appointment except—

(a) so far as is necessary for exercising his or her powers or other functions; or

(b) as provided in subsection (2).

Civil penalty: 50 penalty units.

(2) An external intervener may disclose information to any of the following—

(a) any court, tribunal or other person acting judicially;

(b) a local regulatory authority;

(c) any officer of or Australian legal practitioner instructed by or on behalf of—

(i) a local regulatory authority; or

(ii) the Commonwealth, a State or a Territory; or

(iii) an authority of the Commonwealth or of a State or Territory—

in relation to any proceedings, inquiry or other matter pending or contemplated arising out of the investigation or examination;

(d) a member of the police force of any jurisdiction if the designated local regulatory authority or external intervener believes on reasonable grounds that the information relates to an offence that may have been committed by the law practice concerned or by an associate of the law practice;

(e) the law practice concerned or a principal of the law practice or, if the practice is an incorporated legal practice, a shareholder in the practice;

(f) a client or former client of the law practice concerned if the information relates to the client or former client;

(g) another external intervener appointed in relation to the law practice or any Australian legal practitioner or accountant employed by that other external intervener;

(h) any other external examiner carrying out an external examination of the trust records of the law practice concerned;

(i) the fidelity authority of the fidelity fund for this jurisdiction or any other jurisdiction.