sec.150CKNotice about confidentiality

### sec.150CK Notice about confidentiality This section applies if an investigator intends to, or does, exercise a power— under section 150CH requiring a person to give information to the investigator; or under section 150CJ requiring a person to attend a place and answer questions. The assessor may give a notice to the person stating that the fact of the person’s attendance, or information given by the person, is confidential information. However, the assessor may give the notice to the person only if the assessor reasonably believes the notice is necessary— to prevent the commission of an offence; or to ensure the investigation of a councillor’s conduct is kept confidential. If the assessor gives the notice, the notice is also confidential information. The person must not disclose the confidential information to another person, unless the disclosure is permitted under subsection (6) or the person has a reasonable excuse. Maximum penalty—85 penalty units. The person may disclose the confidential information if— the disclosure was made before the person received the notice; or the disclosure is made to— obtain legal advice; or obtain information to comply with the investigator’s requirement; or comply with another lawful obligation to disclose the information. However, disclosure by a person (the discloser ) under subsection (6) (b) (ii) is permitted only if the discloser informs another person to whom the disclosure is made that the information is confidential information under this section. s 150CK ins 2018 No. 8 s 12 amd 2019 No. 30 s 96 (sec.150CK-ssec.1) This section applies if an investigator intends to, or does, exercise a power— under section 150CH requiring a person to give information to the investigator; or under section 150CJ requiring a person to attend a place and answer questions. (sec.150CK-ssec.2) The assessor may give a notice to the person stating that the fact of the person’s attendance, or information given by the person, is confidential information. (sec.150CK-ssec.3) However, the assessor may give the notice to the person only if the assessor reasonably believes the notice is necessary— to prevent the commission of an offence; or to ensure the investigation of a councillor’s conduct is kept confidential. (sec.150CK-ssec.4) If the assessor gives the notice, the notice is also confidential information. (sec.150CK-ssec.5) The person must not disclose the confidential information to another person, unless the disclosure is permitted under subsection (6) or the person has a reasonable excuse. Maximum penalty—85 penalty units. (sec.150CK-ssec.6) The person may disclose the confidential information if— the disclosure was made before the person received the notice; or the disclosure is made to— obtain legal advice; or obtain information to comply with the investigator’s requirement; or comply with another lawful obligation to disclose the information. (sec.150CK-ssec.7) However, disclosure by a person (the discloser ) under subsection (6) (b) (ii) is permitted only if the discloser informs another person to whom the disclosure is made that the information is confidential information under this section. - (a) under section 150CH requiring a person to give information to the investigator; or - (b) under section 150CJ requiring a person to attend a place and answer questions. - (a) to prevent the commission of an offence; or - (b) to ensure the investigation of a councillor’s conduct is kept confidential. - (a) the disclosure was made before the person received the notice; or - (b) the disclosure is made to— (i) obtain legal advice; or (ii) obtain information to comply with the investigator’s requirement; or (iii) comply with another lawful obligation to disclose the information. - (i) obtain legal advice; or - (ii) obtain information to comply with the investigator’s requirement; or - (iii) comply with another lawful obligation to disclose the information. - (i) obtain legal advice; or - (ii) obtain information to comply with the investigator’s requirement; or - (iii) comply with another lawful obligation to disclose the information.