sec.39Use or disclosure of confidential information

### sec.39 Use or disclosure of confidential information This section applies to a person who— is or has been— the Minister; or a commissioner; or a member of staff or a contractor of the commission; or any other person performing functions under or relating to the administration of this Act, including, for example, a public service employee; and in that capacity, has acquired or has access to confidential information about another person. The person must not disclose the confidential information to anyone else, or use the information, other than under this section. Maximum penalty—100 penalty units. The person may disclose or use the confidential information— to the extent the disclosure or use is— necessary to perform the person’s functions under or relating to this Act; or otherwise required or permitted under this Act or another law; or with the consent of the person to whom the information relates; or to the extent the disclosure or use— does not identify the person to whom the information relates; and does not allow the identity of the person to be reasonably ascertained; or in compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal. In this section— disclose includes give access to. information includes a document. (sec.39-ssec.1) This section applies to a person who— is or has been— the Minister; or a commissioner; or a member of staff or a contractor of the commission; or any other person performing functions under or relating to the administration of this Act, including, for example, a public service employee; and in that capacity, has acquired or has access to confidential information about another person. (sec.39-ssec.2) The person must not disclose the confidential information to anyone else, or use the information, other than under this section. Maximum penalty—100 penalty units. (sec.39-ssec.3) The person may disclose or use the confidential information— to the extent the disclosure or use is— necessary to perform the person’s functions under or relating to this Act; or otherwise required or permitted under this Act or another law; or with the consent of the person to whom the information relates; or to the extent the disclosure or use— does not identify the person to whom the information relates; and does not allow the identity of the person to be reasonably ascertained; or in compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal. (sec.39-ssec.4) In this section— disclose includes give access to. information includes a document. - (a) is or has been— (i) the Minister; or (ii) a commissioner; or (iii) a member of staff or a contractor of the commission; or (iv) any other person performing functions under or relating to the administration of this Act, including, for example, a public service employee; and - (i) the Minister; or - (ii) a commissioner; or - (iii) a member of staff or a contractor of the commission; or - (iv) any other person performing functions under or relating to the administration of this Act, including, for example, a public service employee; and - (b) in that capacity, has acquired or has access to confidential information about another person. - (i) the Minister; or - (ii) a commissioner; or - (iii) a member of staff or a contractor of the commission; or - (iv) any other person performing functions under or relating to the administration of this Act, including, for example, a public service employee; and - (a) to the extent the disclosure or use is— (i) necessary to perform the person’s functions under or relating to this Act; or (ii) otherwise required or permitted under this Act or another law; or - (i) necessary to perform the person’s functions under or relating to this Act; or - (ii) otherwise required or permitted under this Act or another law; or - (b) with the consent of the person to whom the information relates; or - (c) to the extent the disclosure or use— (i) does not identify the person to whom the information relates; and (ii) does not allow the identity of the person to be reasonably ascertained; or - (i) does not identify the person to whom the information relates; and - (ii) does not allow the identity of the person to be reasonably ascertained; or - (d) in compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal. - (i) necessary to perform the person’s functions under or relating to this Act; or - (ii) otherwise required or permitted under this Act or another law; or - (i) does not identify the person to whom the information relates; and - (ii) does not allow the identity of the person to be reasonably ascertained; or