131Secrecy provision

131 Secrecy provision

(1) A specified person, except in accordance with this section, must not—

(a) make a record of, or disclose to a person, restricted information; or

(b) use restricted information.

Penalty: 10 penalty units.

(2) A specified person may make a record of, disclose restricted information to a person or use restricted information—

(a) for the purpose of performing a function or duty, or exercising a power, under this Act or another Act; or

(b) if authorised to do so under another Act or law; or

(c) for the purpose of, or in connection with, a legal proceeding; or

(d) in the course of a proceeding before a court or tribunal.

(3) A specified person may disclose restricted information if—

(a) the person to whom the restricted information relates consents to the disclosure; or

(b) the information is in the public domain.

(4) A specified person who is authorised by the Commission to do so may disclose restricted information to—

(a) the Victorian WorkCover Authority, or an authorised insurer or self‑insurer within the meaning of that Act if the restricted information relates to a person who is a worker who is or has received compensation under the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013; or

(b) the NDIA if the restricted information relates to a person who is a participant within the meaning of the NDIS Act; or

(c) a private health insurer that has made an application under section 76A, if that information relates to the application; or

(d) a person who has responsibility for the administration of a welfare, benefit or compensation scheme of a State or a Territory or the Commonwealth; or

(e) a regulatory body as authorised by section 131A; or

(f) a law enforcement agency if the specified person believes, on reasonable grounds, that the disclosure of the information is necessary to lessen or prevent a serious threat to an individual's life, health, safety or welfare; or

(g) a law enforcement agency if the specified person believes, on reasonable grounds, that the information is relevant to the investigation of the commission of—

(i) an offence against this Act, or a law of Victoria relating to the payment of a benefit or compensation, that involves fraud or dishonesty; or

(ii) an offence against a law of the Commonwealth or another State or a Territory relating to the payment of a benefit or compensation that involves fraud or dishonesty; or