sec.41Confidentiality of information

### sec.41 Confidentiality of information This section applies if a person obtains information or gains access to a document in exercising any power or function under this Act. The person must not do any of the following— disclose to anyone else— the information; or the contents of or information contained in the document; give access to the document to anyone else; use the information or document for any purpose. Maximum penalty—100 penalty units. Subsection (2) does not apply to the disclosure of information, or the giving of access to a document or the use of information or a document— about a person, with the person’s consent; or that is necessary for the exercise of a power or function under this Act; or that is made or given by the regulator or a person authorised by the regulator if the regulator reasonably believes the disclosure, access or use— is necessary for administering, or monitoring or enforcing compliance with, this Act; or is necessary for the administration or enforcement of another Act or law prescribed under a regulation; or is necessary for the administration or enforcement of another Act or law, if the disclosure, access or use is necessary to lessen or prevent a serious risk to public health or safety; or is required for the exercise of a power or function under a corresponding law; or that is required by any court, tribunal, authority or person having lawful authority to require the production of documents or the answering of questions; or that is required or authorised under a law; or to a Minister. A person must not intentionally disclose to another person the name of an individual who has made a complaint in relation to that other person unless— the disclosure is made with the consent of the complainant; or the disclosure is required under a law. Maximum penalty—100 penalty units. s 41 amd 2024 No. 11 s 11 (sec.41-ssec.1) This section applies if a person obtains information or gains access to a document in exercising any power or function under this Act. (sec.41-ssec.2) The person must not do any of the following— disclose to anyone else— the information; or the contents of or information contained in the document; give access to the document to anyone else; use the information or document for any purpose. Maximum penalty—100 penalty units. (sec.41-ssec.3) Subsection (2) does not apply to the disclosure of information, or the giving of access to a document or the use of information or a document— about a person, with the person’s consent; or that is necessary for the exercise of a power or function under this Act; or that is made or given by the regulator or a person authorised by the regulator if the regulator reasonably believes the disclosure, access or use— is necessary for administering, or monitoring or enforcing compliance with, this Act; or is necessary for the administration or enforcement of another Act or law prescribed under a regulation; or is necessary for the administration or enforcement of another Act or law, if the disclosure, access or use is necessary to lessen or prevent a serious risk to public health or safety; or is required for the exercise of a power or function under a corresponding law; or that is required by any court, tribunal, authority or person having lawful authority to require the production of documents or the answering of questions; or that is required or authorised under a law; or to a Minister. (sec.41-ssec.4) A person must not intentionally disclose to another person the name of an individual who has made a complaint in relation to that other person unless— the disclosure is made with the consent of the complainant; or the disclosure is required under a law. Maximum penalty—100 penalty units. - (a) disclose to anyone else— (i) the information; or (ii) the contents of or information contained in the document; - (i) the information; or - (ii) the contents of or information contained in the document; - (b) give access to the document to anyone else; - (c) use the information or document for any purpose. - (i) the information; or - (ii) the contents of or information contained in the document; - (a) about a person, with the person’s consent; or - (b) that is necessary for the exercise of a power or function under this Act; or - (c) that is made or given by the regulator or a person authorised by the regulator if the regulator reasonably believes the disclosure, access or use— (i) is necessary for administering, or monitoring or enforcing compliance with, this Act; or (ii) is necessary for the administration or enforcement of another Act or law prescribed under a regulation; or (iii) is necessary for the administration or enforcement of another Act or law, if the disclosure, access or use is necessary to lessen or prevent a serious risk to public health or safety; or (iv) is required for the exercise of a power or function under a corresponding law; or - (i) is necessary for administering, or monitoring or enforcing compliance with, this Act; or - (ii) is necessary for the administration or enforcement of another Act or law prescribed under a regulation; or - (iii) is necessary for the administration or enforcement of another Act or law, if the disclosure, access or use is necessary to lessen or prevent a serious risk to public health or safety; or - (iv) is required for the exercise of a power or function under a corresponding law; or - (d) that is required by any court, tribunal, authority or person having lawful authority to require the production of documents or the answering of questions; or - (e) that is required or authorised under a law; or - (f) to a Minister. - (i) is necessary for administering, or monitoring or enforcing compliance with, this Act; or - (ii) is necessary for the administration or enforcement of another Act or law prescribed under a regulation; or - (iii) is necessary for the administration or enforcement of another Act or law, if the disclosure, access or use is necessary to lessen or prevent a serious risk to public health or safety; or - (iv) is required for the exercise of a power or function under a corresponding law; or - (a) the disclosure is made with the consent of the complainant; or - (b) the disclosure is required under a law.