sec.66Protection of confidentiality

### sec.66 Protection of confidentiality This section applies to a person who acquires information about another person (the other person )— in performing a function under this Act; or because of an opportunity provided by the performance of the person’s function under this Act. The person must not do any of the following (each a disclosure )— make a record of the information; whether directly or indirectly, divulge or communicate the information; use the information to benefit any person. Maximum penalty—50 penalty units. However, subsection (2) does not apply if— the disclosure is— necessary to perform the person’s functions under this Act; or authorised under an Act; or necessary to perform functions under the Public Records Act 2023 ; or otherwise required or permitted by law; or ordered by a court, commission or tribunal constituted by law in proceedings before it; or in a form that does not disclose the identity of the other person; or the other person is an adult and consents to the disclosure; or the other person is a child and the child’s parent or guardian consents to the disclosure; or the Minister considers the disclosure is in the public interest and gives the person written authorisation for the disclosure. s 66 amd 2023 No. 33 s 107 sch 5 (sec.66-ssec.1) This section applies to a person who acquires information about another person (the other person )— in performing a function under this Act; or because of an opportunity provided by the performance of the person’s function under this Act. (sec.66-ssec.2) The person must not do any of the following (each a disclosure )— make a record of the information; whether directly or indirectly, divulge or communicate the information; use the information to benefit any person. Maximum penalty—50 penalty units. (sec.66-ssec.3) However, subsection (2) does not apply if— the disclosure is— necessary to perform the person’s functions under this Act; or authorised under an Act; or necessary to perform functions under the Public Records Act 2023 ; or otherwise required or permitted by law; or ordered by a court, commission or tribunal constituted by law in proceedings before it; or in a form that does not disclose the identity of the other person; or the other person is an adult and consents to the disclosure; or the other person is a child and the child’s parent or guardian consents to the disclosure; or the Minister considers the disclosure is in the public interest and gives the person written authorisation for the disclosure. - (a) in performing a function under this Act; or - (b) because of an opportunity provided by the performance of the person’s function under this Act. - (a) make a record of the information; - (b) whether directly or indirectly, divulge or communicate the information; - (c) use the information to benefit any person. - (a) the disclosure is— (i) necessary to perform the person’s functions under this Act; or (ii) authorised under an Act; or (iii) necessary to perform functions under the Public Records Act 2023 ; or (iv) otherwise required or permitted by law; or (v) ordered by a court, commission or tribunal constituted by law in proceedings before it; or (vi) in a form that does not disclose the identity of the other person; or - (i) necessary to perform the person’s functions under this Act; or - (ii) authorised under an Act; or - (iii) necessary to perform functions under the Public Records Act 2023 ; or - (iv) otherwise required or permitted by law; or - (v) ordered by a court, commission or tribunal constituted by law in proceedings before it; or - (vi) in a form that does not disclose the identity of the other person; or - (b) the other person is an adult and consents to the disclosure; or - (c) the other person is a child and the child’s parent or guardian consents to the disclosure; or - (d) the Minister considers the disclosure is in the public interest and gives the person written authorisation for the disclosure. - (i) necessary to perform the person’s functions under this Act; or - (ii) authorised under an Act; or - (iii) necessary to perform functions under the Public Records Act 2023 ; or - (iv) otherwise required or permitted by law; or - (v) ordered by a court, commission or tribunal constituted by law in proceedings before it; or - (vi) in a form that does not disclose the identity of the other person; or