sec.10.1Unauthorised use of confidential information

### sec.10.1 Unauthorised use of confidential information This section applies to a person who— is or has been— a member of the service performing functions under or relating to the administration of this Act; or another individual engaged to perform functions under or relating to the administration of this Act; or an individual engaged by an entity that is engaged to perform functions under or relating to the administration of this Act; and in that capacity, acquired confidential information or has access to, or custody of, confidential information. This section also applies to a person who has acquired or has access to confidential information— whether directly or indirectly, from a person mentioned in subsection (1) ; or as authorised under an Act, another law or an arrangement with the service. The person must not use the confidential information other than under this section. Maximum penalty—100 penalty units or 2 years imprisonment. The person may use the confidential information— to the extent the use is required or permitted under this Act or another Act or to perform the person’s functions under this Act or another Act; or with the consent of the person to whom the information relates if the information would normally be made available to any member of the public on request; or in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or if the use is otherwise required or permitted under another law. In this section— confidential information — means personal information about an individual or other information of a confidential nature; but does not include— information that is publicly available; or statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates. personal information see the Information Privacy Act 2009 , section 12 . use , in relation to information, see section 10 .2G. s 10.1 amd 1993 No. 77 s 2 sch 1 ; 2000 No. 22 s 38 ; 2005 No. 17 s 30 ; 2005 No. 45 s 74 sch 4 ; 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 ); 2019 No. 26 s 290 sch 2 sub 2023 No. 7 s 43 amd 2023 No. 11 s 34 s ch 1 pt 2 (amdt could not be given effect) (sec.10.1-ssec.1) This section applies to a person who— is or has been— a member of the service performing functions under or relating to the administration of this Act; or another individual engaged to perform functions under or relating to the administration of this Act; or an individual engaged by an entity that is engaged to perform functions under or relating to the administration of this Act; and in that capacity, acquired confidential information or has access to, or custody of, confidential information. (sec.10.1-ssec.2) This section also applies to a person who has acquired or has access to confidential information— whether directly or indirectly, from a person mentioned in subsection (1) ; or as authorised under an Act, another law or an arrangement with the service. (sec.10.1-ssec.3) The person must not use the confidential information other than under this section. Maximum penalty—100 penalty units or 2 years imprisonment. (sec.10.1-ssec.4) The person may use the confidential information— to the extent the use is required or permitted under this Act or another Act or to perform the person’s functions under this Act or another Act; or with the consent of the person to whom the information relates if the information would normally be made available to any member of the public on request; or in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or if the use is otherwise required or permitted under another law. (sec.10.1-ssec.5) In this section— confidential information — means personal information about an individual or other information of a confidential nature; but does not include— information that is publicly available; or statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates. personal information see the Information Privacy Act 2009 , section 12 . use , in relation to information, see section 10 .2G. - (a) is or has been— (i) a member of the service performing functions under or relating to the administration of this Act; or (ii) another individual engaged to perform functions under or relating to the administration of this Act; or (iii) an individual engaged by an entity that is engaged to perform functions under or relating to the administration of this Act; and - (i) a member of the service performing functions under or relating to the administration of this Act; or - (ii) another individual engaged to perform functions under or relating to the administration of this Act; or - (iii) an individual engaged by an entity that is engaged to perform functions under or relating to the administration of this Act; and - (b) in that capacity, acquired confidential information or has access to, or custody of, confidential information. - (i) a member of the service performing functions under or relating to the administration of this Act; or - (ii) another individual engaged to perform functions under or relating to the administration of this Act; or - (iii) an individual engaged by an entity that is engaged to perform functions under or relating to the administration of this Act; and - (a) whether directly or indirectly, from a person mentioned in subsection (1) ; or - (b) as authorised under an Act, another law or an arrangement with the service. - (a) to the extent the use is required or permitted under this Act or another Act or to perform the person’s functions under this Act or another Act; or - (b) with the consent of the person to whom the information relates if the information would normally be made available to any member of the public on request; or - (c) in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or - (d) if the use is otherwise required or permitted under another law. - (a) means personal information about an individual or other information of a confidential nature; but - (b) does not include— (i) information that is publicly available; or (ii) statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates. - (i) information that is publicly available; or - (ii) statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates. - (i) information that is publicly available; or - (ii) statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.