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 (h) a coroner if the information is relevant to— (i) an investigation of a death by the coroner under Part 4 of the **Coroners Act 2008**; or (ii) an inquest into a death that the coroner is holding under the **Coroners Act 2008**; or (i) the Australian Statistician, but only in a way that does not identify the person to whom the restricted information relates; or (j) a public entity or entity established by a law of the Commonwealth, or another State or a Territory, that is prescribed for the purposes of this paragraph in the circumstances that are prescribed for the purposes of this paragraph. ***law enforcement agency*** means— (a) Victoria Police or the police force or police service of the Commonwealth or of any other State or Territory; or (b) any other body or person responsible for the performance of functions or activities directed to— (i) the prevention, detection, investigation, prosecution or punishment of offences against the laws of Victoria, the Commonwealth or any other State or Territory; or (ii) the enforcement of infringement penalties (by whatever name they are known in the relevant jurisdiction) issued under a law of Victoria, the Commonwealth or any other State or Territory; or (iii) the enforcement of the orders of a court; or (c) a body or person authorised by a law of Victoria, the Commonwealth or any other State or Territory to enforce a warrant; ***NDIA*** has the same meaning as ***Agency*** has in the NDIS Act; ***NDIS Act*** means the National Disability Insurance Scheme Act 2013 of the Commonwealth; ***public entity*** has the same meaning as in the **Public Administration Act 2004**; ***restricted information*** means information— (a) that identifies or could lead to the identification of any person; and (b) that is or was acquired by the person by reason of being or having been a specified person; ***specified person*** means a person— (a) who is, or has at any time been, appointed for the purposes of this Act; or (b) who is, or has at any time been employed or engaged by the Commission; or (c) who is, or has at any time been, authorised to perform or exercise any function or power of, or any function or power on behalf of, the Commission under this or any other Act. S. 131A inserted by No. 94/2004 s. 35.