sec.38Confidentiality

### sec.38 Confidentiality Subsection (2) applies to a person who obtains confidential information in performing a function under this Act. The person must not, whether directly or indirectly, disclose the confidential information unless the disclosure is— in the performance of a function under this Act; or with the consent of the person to whom the information relates; or otherwise required or permitted by law. Maximum penalty—50 penalty units. A party to a small business dispute or another person who obtains confidential information under or as a result of the operation of this Act must not disclose the information unless the disclosure is— to a professional advisor or financier who agrees to keep the information confidential; or with the consent of the person to whom the information relates; or otherwise required or permitted by law. Maximum penalty—20 penalty units. This section does not apply to a mediator. For the obligation of mediators to maintain secrecy, see the Retail Shop Leases Act 1994 , section 113 . In this section— confidential information — means any information that— could identify a person; or is about a person’s current financial position or financial background; or would be likely to damage the commercial activities of a person to whom the information relates; but does not include— information that is publicly available; or statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates. (sec.38-ssec.1) Subsection (2) applies to a person who obtains confidential information in performing a function under this Act. (sec.38-ssec.2) The person must not, whether directly or indirectly, disclose the confidential information unless the disclosure is— in the performance of a function under this Act; or with the consent of the person to whom the information relates; or otherwise required or permitted by law. Maximum penalty—50 penalty units. (sec.38-ssec.3) A party to a small business dispute or another person who obtains confidential information under or as a result of the operation of this Act must not disclose the information unless the disclosure is— to a professional advisor or financier who agrees to keep the information confidential; or with the consent of the person to whom the information relates; or otherwise required or permitted by law. Maximum penalty—20 penalty units. (sec.38-ssec.4) This section does not apply to a mediator. For the obligation of mediators to maintain secrecy, see the Retail Shop Leases Act 1994 , section 113 . (sec.38-ssec.5) In this section— confidential information — means any information that— could identify a person; or is about a person’s current financial position or financial background; or would be likely to damage the commercial activities of a person to whom the information relates; but does not include— information that is publicly available; or statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates. - (a) in the performance of a function under this Act; or - (b) with the consent of the person to whom the information relates; or - (c) otherwise required or permitted by law. - (a) to a professional advisor or financier who agrees to keep the information confidential; or - (b) with the consent of the person to whom the information relates; or - (c) otherwise required or permitted by law. - (a) means any information that— (i) could identify a person; or (ii) is about a person’s current financial position or financial background; or (iii) would be likely to damage the commercial activities of a person to whom the information relates; but - (i) could identify a person; or - (ii) is about a person’s current financial position or financial background; or - (iii) would be likely to damage the commercial activities of a person to whom the information relates; but - (b) does not include— (i) information that is publicly available; or (ii) statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates. - (i) information that is publicly available; or - (ii) statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates. - (i) could identify a person; or - (ii) is about a person’s current financial position or financial background; or - (iii) would be likely to damage the commercial activities of a person to whom the information relates; but - (i) information that is publicly available; or - (ii) statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.