81Disclosure subject to confidentiality notice

81 Disclosure subject to confidentiality notice

(1) Subject to subsections (2), (3), (4) and (5), a person who—

(a) is duly served with a confidentiality notice and, if applicable, a copy of any order extending the confidentiality notice; or

(b) receives a copy of a confidentiality notice under subsection (6) or (7) and, if applicable, a copy of any order extending the confidentiality notice—

must not disclose a restricted matter specified in the confidentiality notice while it has effect.

(2) Despite subsection (1), a restricted matter specified in a confidentiality notice may be disclosed if the disclosure is made in any of the following circumstances—

(a) in accordance with a direction or authorisation given by the Commission;

(b) to any person where necessary for the purposes of complying with a confidentiality notice, a notice cancelling a confidentiality notice or an order extending a confidentiality notice, including if the person—

(i) does not have a sufficient knowledge of the English language to understand the nature of the confidentiality notice, notice cancelling the confidentiality notice or order extending the confidentiality notice, to an interpreter; or

(ii) is a person under the age of 18 years, to a parent, guardian or independent person; or

(iii) is a person who is illiterate or has a mental, physical or other impairment which prevents the person from understanding the confidentiality notice, notice cancelling the confidentiality notice or order extending the confidentiality notice without assistance, to an independent person;

(c) for the purposes of obtaining legal advice or representation in relation to—

(i) the confidentiality notice, a notice cancelling the confidentiality notice or an order extending the confidentiality notice; or

(ii) the person's rights, liabilities, obligations and privileges under this Act or a relevant Act;

(d) by a legal practitioner who receives a disclosure in the circumstances specified in paragraph (c), for the purposes of complying with a legal duty of disclosure or a professional obligation arising from their professional relationship with their client;

(e) to any of the following persons, unless the Commission directs that the restricted matter must not be disclosed to that person—

(i) the spouse or domestic partner of the person served with the confidentiality notice;

(ii) the employer or manager of the person served with the confidentiality notice, or both;

(f) in any of the following circumstances, unless the Commission directs that the restricted matter must not be disclosed in that circumstance—