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Surveyors Act 2003
sec.190Confidentiality
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### sec.190 Confidentiality
This section applies to a person who, in performing functions under this Act, acquires or acquired information about another person’s affairs, including the professional conduct of a registrant or former registrant.
The person must not disclose the information to anyone else, unless the disclosure is permitted under subsection (3) .
Maximum penalty—100 penalty units.
The person may disclose the information to someone else—
to the extent necessary to perform the person’s functions under this Act; or
if the disclosure is to a disciplinary body; or
if the disclosure is authorised under this Act or another Act; or
if the disclosure is otherwise required or permitted by law; or
if the person to whom the information relates consents to the disclosure; or
if the disclosure is in a form that does not disclose the identity of the person to whom the information relates; or
if the information is, or has been, accessible to the public, including, for example, because it is or was recorded in the publicly available part of a register; or
if the disclosure is to the Minister to allow the Minister to act under paragraph (i) ; or
if the Minister considers the disclosure is in the public interest and authorises the person to disclose the information.
If the Minister authorises information to be disclosed under subsection (3) (i) about a matter concerning a registrant, the Minister must inform the board of the authorisation and its purpose.
(sec.190-ssec.1) This section applies to a person who, in performing functions under this Act, acquires or acquired information about another person’s affairs, including the professional conduct of a registrant or former registrant.
(sec.190-ssec.2) The person must not disclose the information to anyone else, unless the disclosure is permitted under subsection (3) . Maximum penalty—100 penalty units.
(sec.190-ssec.3) The person may disclose the information to someone else— to the extent necessary to perform the person’s functions under this Act; or if the disclosure is to a disciplinary body; or if the disclosure is authorised under this Act or another Act; or if the disclosure is otherwise required or permitted by law; or if the person to whom the information relates consents to the disclosure; or if the disclosure is in a form that does not disclose the identity of the person to whom the information relates; or if the information is, or has been, accessible to the public, including, for example, because it is or was recorded in the publicly available part of a register; or if the disclosure is to the Minister to allow the Minister to act under paragraph (i) ; or if the Minister considers the disclosure is in the public interest and authorises the person to disclose the information.
(sec.190-ssec.4) If the Minister authorises information to be disclosed under subsection (3) (i) about a matter concerning a registrant, the Minister must inform the board of the authorisation and its purpose.
- (a) to the extent necessary to perform the person’s functions under this Act; or
- (b) if the disclosure is to a disciplinary body; or
- (c) if the disclosure is authorised under this Act or another Act; or
- (d) if the disclosure is otherwise required or permitted by law; or
- (e) if the person to whom the information relates consents to the disclosure; or
- (f) if the disclosure is in a form that does not disclose the identity of the person to whom the information relates; or
- (g) if the information is, or has been, accessible to the public, including, for example, because it is or was recorded in the publicly available part of a register; or
- (h) if the disclosure is to the Minister to allow the Minister to act under paragraph (i) ; or
- (i) if the Minister considers the disclosure is in the public interest and authorises the person to disclose the information.