15Confidentiality and use of information

15 Confidentiality and use of information

[Section 15 Subsection (1) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010] [Section 15 Subsection (1) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010] [Section 15 Subsection (3) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 15 Subsection (4) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 15 Subsection (6) amended by No. 54 of 2009, Sched. 1, Applied:01 Jul 2010] [Section 15 Substituted by No. 32 of 2010, s. 12, Applied:04 Nov 2010]

(1)  A person who is or has been a member of the Council, a member of a committee or an employee must not directly or indirectly –

(a) make a record of, or disclose, publish or communicate to any other person, any information gained by or conveyed to the person as such a member or employee; or

(b) make use of any such information –

except to the extent necessary for the performance of the Council's functions or in the exercise of the Council's powers.

Penalty:  Fine not exceeding 10 penalty units.

(2)  Information referred to in subsection (1) is not admissible in any proceeding before any court, tribunal, board, Agency (within the meaning of the State Service Act 2000 ) or person.

(3)  The Council, a committee, a member of the Council or a committee or an employee may not be required to disclose or produce the information before any court, tribunal, board, Agency (within the meaning of the State Service Act 2000 ) or person if –

(a) the information was provided to the Council, a committee, a member of the Council or a committee or an employee under this Act; or

(b) the information, not being a report referred to in , was produced by the Council, a committee, a member of the Council or a committee or an employee for the purposes of the performance by the Council of its functions or of facilitating that performance or exercise of the Council's powers.