15ARestriction on dealing with information

15A Restriction on dealing with information

[Section 15A Inserted by No. 32 of 2010, s. 12, Applied:04 Nov 2010]

(1)  The Council may, by notice in writing, declare that disclosed information specified in the notice is confidential information.

(2)  For the purposes of subsection (1)  –

disclosed information means information that is disclosed by the Council, a committee, a member of the Council or a committee or employee in the performance or exercise of the Council's, committee's or that person's functions or powers.

(3)  A person who receives or is in possession of information that has been declared by the Council to be confidential information and any person or employee under the control of the first-mentioned person must not, directly or indirectly –

(a) make a record of, or disclose, publish or communicate to any person, that information; or

(b) make use of that information –

except to the extent that it is necessary to perform the obligations of, or carry out the duties of, the office of the person.

Penalty:  Fine not exceeding 10 penalty units.

(4)  A person who receives or is in possession of information that has been declared by the Council to be confidential information is not required to produce before any court, tribunal, board, Agency (within the meaning of the State Service Act 2000 ) or person that information or an extract of that information.