54Offence to use or divulge protected information

54 Offence to use or divulge protected information

(1)  In this section –

court includes a tribunal, authority and person having power to require the production of documents or the answering of questions;

divulge includes –

(a) communicate; and

(b) publish;

officer means –

(a) the Registrar or a person who has been the Registrar; or

(b) an independent advisor or a person who has been an independent advisor; or

(c) any other person who is performing or exercising, or has performed or exercised, a function or power under this Act;

produce includes allow access to;

protected information means information about a person that is disclosed to, or obtained by, an officer because of the performance or exercise of a function or power under this Act by the officer or another person;

| Note | Examples of what is protected information are as follows: | | | (a) information obtained by the Registrar in conducting a risk assessment of a person; | | | (b) information disclosed by the Registrar in obtaining information or advice from an entity about a registered person. |

use information includes make a record of the information.

(2)  An officer must not use protected information about another person.

Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 6 months, or both.

(3)  An officer must not do any act that divulges protected information about a person.

Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 6 months, or both.

(4)  Neither subsection (2) nor (3) applies if the information is used or divulged –