QLDIn ForceAct
Anti-Discrimination Act 1991
sec.220Improper communication of official information
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### sec.220 Improper communication of official information
A person—
who is or has been—
the commissioner; or
a member of the former Anti-Discrimination Tribunal; or
the registrar of the former Anti-Discrimination Tribunal; or
a member of the staff of the commission or the former Anti-Discrimination Tribunal; or
a person acting under the direction or authority of the commissioner or a member of the former Anti-Discrimination Tribunal; or
a person acting under a delegation under section 244 ; and
who, in that capacity, acquired information about a person’s affairs or has custody of, or access to, a document about a person’s affairs;
must not—
make a record of the information; or
communicate the information or produce the document to another person.
Maximum penalty—
in the case of an individual—85 penalty units or imprisonment for 12 months; or
in the case of a corporation—170 penalty units.
Subsection (1) does not apply to making a record of information, communicating information or producing a document if—
that is required for the performance of a function in connection with this Act; or
that is required or permitted by another Act (whether of the Commonwealth or a State).
Subsection (1) does not apply to communicating information or producing a document to a person in accordance with an arrangement under part 3 of chapter 9 (Commonwealth/State arrangement).
In this section—
former Anti-Discrimination Tribunal means the Anti-Discrimination Tribunal established under previous section 247 .
previous section 247 means section 247 as in force before its repeal by the QCAT Amendment Act .
produce includes permit access to.
QCAT Amendment Act means the Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009 .
s 220 amd 2009 No. 24 s 1349 ; 2010 No. 42 s 214 sch
(sec.220-ssec.1) A person— who is or has been— the commissioner; or a member of the former Anti-Discrimination Tribunal; or the registrar of the former Anti-Discrimination Tribunal; or a member of the staff of the commission or the former Anti-Discrimination Tribunal; or a person acting under the direction or authority of the commissioner or a member of the former Anti-Discrimination Tribunal; or a person acting under a delegation under section 244 ; and who, in that capacity, acquired information about a person’s affairs or has custody of, or access to, a document about a person’s affairs; must not— make a record of the information; or communicate the information or produce the document to another person. Maximum penalty— in the case of an individual—85 penalty units or imprisonment for 12 months; or in the case of a corporation—170 penalty units.
(sec.220-ssec.2) Subsection (1) does not apply to making a record of information, communicating information or producing a document if— that is required for the performance of a function in connection with this Act; or that is required or permitted by another Act (whether of the Commonwealth or a State).
(sec.220-ssec.3) Subsection (1) does not apply to communicating information or producing a document to a person in accordance with an arrangement under part 3 of chapter 9 (Commonwealth/State arrangement).
(sec.220-ssec.4) In this section— former Anti-Discrimination Tribunal means the Anti-Discrimination Tribunal established under previous section 247 . previous section 247 means section 247 as in force before its repeal by the QCAT Amendment Act . produce includes permit access to. QCAT Amendment Act means the Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009 .
- (a) who is or has been— (i) the commissioner; or (ii) a member of the former Anti-Discrimination Tribunal; or (iii) the registrar of the former Anti-Discrimination Tribunal; or (iv) a member of the staff of the commission or the former Anti-Discrimination Tribunal; or (v) a person acting under the direction or authority of the commissioner or a member of the former Anti-Discrimination Tribunal; or (vi) a person acting under a delegation under section 244 ; and
- (i) the commissioner; or
- (ii) a member of the former Anti-Discrimination Tribunal; or
- (iii) the registrar of the former Anti-Discrimination Tribunal; or
- (iv) a member of the staff of the commission or the former Anti-Discrimination Tribunal; or
- (v) a person acting under the direction or authority of the commissioner or a member of the former Anti-Discrimination Tribunal; or
- (vi) a person acting under a delegation under section 244 ; and
- (b) who, in that capacity, acquired information about a person’s affairs or has custody of, or access to, a document about a person’s affairs;
- (i) the commissioner; or
- (ii) a member of the former Anti-Discrimination Tribunal; or
- (iii) the registrar of the former Anti-Discrimination Tribunal; or
- (iv) a member of the staff of the commission or the former Anti-Discrimination Tribunal; or
- (v) a person acting under the direction or authority of the commissioner or a member of the former Anti-Discrimination Tribunal; or
- (vi) a person acting under a delegation under section 244 ; and
- (c) make a record of the information; or
- (d) communicate the information or produce the document to another person.
- (a) in the case of an individual—85 penalty units or imprisonment for 12 months; or
- (b) in the case of a corporation—170 penalty units.
- (a) that is required for the performance of a function in connection with this Act; or
- (b) that is required or permitted by another Act (whether of the Commonwealth or a State).