37WDisclosure subject to confidentiality notice

37W Disclosure subject to confidentiality notice

(1) Except as provided in this section, a person who—

(a) is duly served with a confidentiality notice and, if applicable, a copy of any order extending the confidentiality notice; or

(b) receives a copy of a confidentiality notice under subsection (8) or (9) and, if applicable, a copy of any order extending the confidentiality notice—

must not disclose a restricted matter specified in the confidentiality notice while it has effect.

(2) A restricted matter specified in a confidentiality notice may be disclosed if the disclosure is made in any of the following circumstances—

(a) in accordance with a direction or authorisation given by the Racing Integrity Commissioner;

(b) to any person where necessary for the purposes of obtaining any information, document or other thing to comply with a witness summons or a confidentiality notice, a notice cancelling a confidentiality notice or an order extending a confidentiality notice, including—

(i) to an interpreter—if the person does not have a sufficient knowledge of the English language to understand the nature of the witness summons or confidentiality notice, notice cancelling the confidentiality notice or order extending the confidentiality notice;

(ii) to a parent, guardian or independent person—if the person is under the age of 18 years;

(iii) to an independent person—if the person is illiterate or has a mental, physical or other impairment which prevents the person from understanding the witness summons, confidentiality notice, notice cancelling the confidentiality notice or order extending the confidentiality notice without assistance;

(c) for the purposes of obtaining legal advice or representation in relation to—

(i) an investigation conducted by the Racing Integrity Commissioner under this Act; or

(ii) the person's rights, liabilities, obligations and privileges under this Act or a relevant Act;

(d) by a legal practitioner who receives a disclosure in the circumstances specified in paragraph (c), for the purposes of complying with a legal duty of disclosure or a professional obligation arising from their professional relationship with their client;

(e) to any of the following persons, unless the Racing Integrity Commissioner directs that the restricted matter must not be disclosed to that person—

(i) the spouse or domestic partner of the person served with the confidentiality notice;

(ii) the employer or manager of the person served with the confidentiality notice, or both;

(f) in any of the following circumstances, unless the Racing Integrity Commissioner directs that the restricted matter must not be disclosed in that circumstance—