sec.232Confidentiality of information

sec.232 Confidentiality of information

This section applies to confidential information that an administrator— obtains in performing a function under this Act; or obtains access to, whether directly or indirectly, from a person performing a function under this Act. The administrator must not, directly or indirectly, disclose the confidential information to another person unless the disclosure is permitted under subsection (3) . Maximum penalty—50 penalty units. An administrator is permitted to disclose confidential information to another person if— the person to whom the information relates consents to the disclosure; or the disclosure is made for the administration of this Act; or the disclosure is necessary for the performance of a function or exercise of a power under this Act; or the disclosure is required or permitted by law; or the disclosure is in a form that does not identify the person to whom the information relates. In this section— administrator means— the chief executive; or an authorised person; or another person who is, or was, employed in the department in which this Act is, or was, administered. confidential information — means personal information within the meaning of the Information Privacy Act 2009 , section 12 ; but does not include information that is lawfully available to the public. s 232 prev s 52 amd 2001 No. 20 s 48 om 2004 No. 47 s 44 pres s 232 ins 2023 No. 16 s 60 (sec.232-ssec.1) This section applies to confidential information that an administrator— obtains in performing a function under this Act; or obtains access to, whether directly or indirectly, from a person performing a function under this Act. (sec.232-ssec.2) The administrator must not, directly or indirectly, disclose the confidential information to another person unless the disclosure is permitted under subsection (3) . Maximum penalty—50 penalty units. (sec.232-ssec.3) An administrator is permitted to disclose confidential information to another person if— the person to whom the information relates consents to the disclosure; or the disclosure is made for the administration of this Act; or the disclosure is necessary for the performance of a function or exercise of a power under this Act; or the disclosure is required or permitted by law; or the disclosure is in a form that does not identify the person to whom the information relates. (sec.232-ssec.4) In this section— administrator means— the chief executive; or an authorised person; or another person who is, or was, employed in the department in which this Act is, or was, administered. confidential information — means personal information within the meaning of the Information Privacy Act 2009 , section 12 ; but does not include information that is lawfully available to the public.

• (a) obtains in performing a function under this Act; or
• (b) obtains access to, whether directly or indirectly, from a person performing a function under this Act.