59Confidentiality

59 Confidentiality

(1)  In this section –

information includes a document;

person involved in the administration of this Act means –

(a) the Director of Public Health; or

(b) an authorised officer; or

(c) a person assisting an authorised officer under Part 6 ; or

(d) a member of the Council; or

(e) another person involved in the administration this Act.

(2)  A person involved in the administration of this Act must not directly or indirectly disclose any information acquired because of that involvement in the administration of this Act if –

(a) the disclosure of the information would be likely to damage the commercial activities, or adversely affect the intellectual property rights, of the person to whom the information relates; or

(b) the information is about a person's health and identifies, or is likely to allow another person to identify, that person.

Penalty:  Fine not exceeding 500 penalty units.

(3)  Subsection (2) does not apply –

(a) to the disclosure of information by a person involved in the administration of this Act in, or for the purposes of, the performance of his or her functions under this Act; or

(b) if the person involved in the administration of this Act is authorised or required by law to disclose the information; or

(c) if the person to whom the information relates consents in writing to the disclosure; or

(d) if the disclosure is made to the person to whom the information relates; or

(e) if the information is otherwise publicly available; or

(f) if the information is disclosed to a person who is responsible under the laws of another jurisdiction for the licensing or other authorisation of a radiation source, a dealing with a radiation source, a place where a radiation source is used or stored, the testing of a radiation source or the issue of a certificate that has substantially the same effect as a certificate of compliance; or