sec.62Confidentiality

sec.62 Confidentiality

This section applies if a person gains confidential information through involvement in the administration of this Act. The person must not make a record of the information or disclose the information to another person, other than under subsection (4) . Maximum penalty—35 penalty units. Without limiting subsection (1) , a person gains confidential information through involvement in the administration of this Act if the person gains the information because of being, or an opportunity given by being— the chief executive; or a public service employee employed in the department; or a person engaged by the chief executive for this Act. A person may make a record of confidential information or disclose it to another person— for this Act; or to discharge a function under another law; or for a proceeding in a court or QCAT; or if authorised by a court or QCAT in the interests of justice; or if required or permitted by law; or for information other than criminal intelligence—if the person is authorised in writing by the person to whom the information relates. The chief executive must destroy the following as soon as practicable after it is no longer needed for the purpose for which it was requested or given— a report about the criminal history of a person given under section 15 (3) ; a copy of a control order accompanying a report about the criminal history of a person given under section 15 (3) ; a notice given under section 15B (2) ; information about a person obtained under section 61 . Subsection (5) applies despite the Public Records Act 2023 . In this section— confidential information — includes information about a person’s affairs; but does not include statistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates. s 62 sub 2016 No. 62 s 440 amd 2023 No. 33 s 107 sch 4 (sec.62-ssec.1) This section applies if a person gains confidential information through involvement in the administration of this Act. (sec.62-ssec.2) The person must not make a record of the information or disclose the information to another person, other than under subsection (4) . Maximum penalty—35 penalty units. (sec.62-ssec.3) Without limiting subsection (1) , a person gains confidential information through involvement in the administration of this Act if the person gains the information because of being, or an opportunity given by being— the chief executive; or a public service employee employed in the department; or a person engaged by the chief executive for this Act. (sec.62-ssec.4) A person may make a record of confidential information or disclose it to another person— for this Act; or to discharge a function under another law; or for a proceeding in a court or QCAT; or if authorised by a court or QCAT in the interests of justice; or if required or permitted by law; or for information other than criminal intelligence—if the person is authorised in writing by the person to whom the information relates. (sec.62-ssec.5) The chief executive must destroy the following as soon as practicable after it is no longer needed for the purpose for which it was requested or given— a report about the criminal history of a person given under section 15 (3) ; a copy of a control order accompanying a report about the criminal history of a person given under section 15 (3) ; a notice given under section 15B (2) ; information about a person obtained under section 61 . (sec.62-ssec.6) Subsection (5) applies despite the Public Records Act 2023 . (sec.62-ssec.7) In this section— confidential information — includes information about a person’s affairs; but does not include statistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates.