63Secrecy

63 Secrecy

(1) This section applies to a person who is or has been: (a) a Tribunal member; or (b) a member of the staff of ASIC who is made available to the Tribunal under section 62. (2) Subject to subsections (2C) and (3), and to sections 64, 64A and 65, the person must not directly or indirectly: (a) make a record of, or disclose to any person or court, any information acquired by the first‑mentioned person in connection with a complaint made to the Tribunal under this Act or the review under this Act of a decision or conduct in respect of which such a complaint was made; or (b) produce to any person or court a document so acquired.

Penalty: 10 penalty units.

(2A) Subsection (2) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(2B) Subsection (2) does not apply to the extent that the person makes the record of the information, discloses the information, or produces the document for the purposes of this Act.

Note: A defendant bears an evidential burden in relation to the matters in subsection (2B), see subsection 13.3(3) of the Criminal Code.

(2C) Subsection (2) does not prohibit the Tribunal, or a member of ASIC’s staff made available under section 62, from disclosing information or producing a document to the AFCA if the disclosure is for the purposes of the AFCA performing its functions or exercising its powers under Part 7.10A of the Corporations Act 2001. (3) Subsection (2) does not prohibit the Tribunal from disclosing information or producing a document: (a) to ASIC; or (aa) to APRA if requested by APRA to do so; or (b) to a particular party to the complaint if the person who provided the information or document to the Tribunal consents in writing to the disclosure or production. (3A) Subsection (2) does not prohibit the Tribunal, or a member of the ASIC’s staff made available under section 62, from disclosing, subject to subsection (3B): (a) a complaint or a part of a complaint; or (b) any information or material relating to that complaint or part of a complaint; to a complaint‑handling body to which the Tribunal has decided to refer the complaint, or that part of the complaint, under subsection 22A(1). (3B) A member of the Tribunal, or a member of ASIC’s staff made available under section 62, must not disclose to a complaint‑handling body (other than the AFCA): (a) a complaint or part of a complaint; or (b) information or material relating to a complaint or part of a complaint; that reveals personal information relating to an individual unless the individual has consented in writing to the disclosure.

Penalty: Imprisonment for 2 years.

(4) Subsection (2) does not prevent the Tribunal from disclosing information in a way that does not enable the identification of the parties to a complaint. (5) In this section: