61Disclosure of confidential information

61 Disclosure of confidential information

61 Disclosure of confidential information

(1) A relevant authority must take all reasonable steps to prevent the disclosure of confidential information, unless the disclosure is authorised.

(2) The disclosure of confidential information is authorised if the disclosure is—

(a) to a person engaged in the administration of the Act for the purposes of the administration of the Act, or

(b) made with the consent of—

(i) the person who provided the information, and

(ii) if the disclosure could adversely affect the competitive position of another person, the other person, or

(c) authorised or required under an Act or law, or

(d) authorised or required by a court.

(3) The disclosure of confidential information is also authorised if the Minister considers—

(a) the disclosure is in the public interest, and

(b) the public benefit in disclosing the information outweighs the detriment that might be suffered by a person as a result of the disclosure.

(4) This section does not prevent the disclosure of confidential information if—

(a) the relevant authority considers there are insufficient grounds for the claim for confidentiality under this Division, and

(b) the relevant authority has notified the person who provided the information of the relevant authority’s opinion.

(5) A disclosure of information authorised by this section does not constitute a breach of a duty of confidentiality by—

(a) the person making the disclosure, or

(b) the person who provided the information.

(6) In this section—

confidential information means information that is claimed to be confidential under this Division.

relevant authority means the Minister or TfNSW.