65AUse and disclosure of protected information

65A Use and disclosure of protected information (1) An information holder commits an offence if— (a) the information holder uses information; and (b) the information is protected information about someone else; and (c) the information holder is reckless about whether the information is protected information about someone else. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (2) An information holder commits an offence if— (a) the information holder does something that discloses information; and (b) the information is protected information about someone else; and (c) the information holder is reckless about whether— (i) the information is protected information about someone else; and (ii) doing the thing would result in the information being disclosed to someone else. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (3) Subsections (1) and (2) do not apply if the information holder uses or discloses protected information about someone else (the protected person)— (a) under this Act or another law applying in the ACT; or

(b) in relation to the exercise of a function, as an information holder, under this Act or another law applying in the ACT; or (c) in a court proceeding; or (d) with the protected person’s consent. Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58). (4) An information holder need not disclose protected information to a court, or produce a document containing protected information to a court, unless it is necessary to do so for this Act or another law applying in the ACT. (5) In this section: court includes a tribunal, authority or person having power to require the production of documents or the answering of questions. disclose includes— (a) communicate; or (b) publish. information means information, whether true or not, in any form and includes an opinion and advice. information holder means— (a) a person who is or has been— (i) the public trustee and guardian or guardian; or (ii) a deputy public trustee and guardian or guardian; or (b) anyone else who exercises or has exercised a function under this Act. produce includes allow access to.

protected information means information about a person that is disclosed to, or obtained by, an information holder because of the exercise of a function under this Act by the information holder or someone else. use, in relation to information, includes make a record of the information.