sec.104Confidentiality

### sec.104 Confidentiality A person must not, intentionally or recklessly, disclose, allow access to, record or use personal information. Maximum penalty—200 penalty units. However, a person may disclose, allow access to, record or use personal information— in the discharge of a function related to the administration of this part; or if authorised, expressly or impliedly— under another provision of this Act, or under another Act; or by the individual whose identity is apparent, or can reasonably be ascertained, from the personal information; or for a proceeding in a court or tribunal, if the personal information is admissible as evidence in the proceeding; or if the purpose for which the action is taken is directly related to the purpose for which the personal information was obtained; or if the person believes on reasonable grounds that the action is necessary to prevent or lessen a serious and imminent threat to the life or health of an individual. In this section— administration of this part includes the operation of a toll road under this part. personal information means information or an opinion, including information or an opinion forming part of a database, whether true or not, and whether recorded in a material form or not, that— has been gained or otherwise brought into existence— through involvement in the administration of this part; or because of an opportunity provided by involvement in the administration of this part; and is about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion. s 104 ins 2001 No. 36 s 5 (sec.104-ssec.1) A person must not, intentionally or recklessly, disclose, allow access to, record or use personal information. Maximum penalty—200 penalty units. (sec.104-ssec.2) However, a person may disclose, allow access to, record or use personal information— in the discharge of a function related to the administration of this part; or if authorised, expressly or impliedly— under another provision of this Act, or under another Act; or by the individual whose identity is apparent, or can reasonably be ascertained, from the personal information; or for a proceeding in a court or tribunal, if the personal information is admissible as evidence in the proceeding; or if the purpose for which the action is taken is directly related to the purpose for which the personal information was obtained; or if the person believes on reasonable grounds that the action is necessary to prevent or lessen a serious and imminent threat to the life or health of an individual. (sec.104-ssec.3) In this section— administration of this part includes the operation of a toll road under this part. personal information means information or an opinion, including information or an opinion forming part of a database, whether true or not, and whether recorded in a material form or not, that— has been gained or otherwise brought into existence— through involvement in the administration of this part; or because of an opportunity provided by involvement in the administration of this part; and is about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion. - (a) in the discharge of a function related to the administration of this part; or - (b) if authorised, expressly or impliedly— (i) under another provision of this Act, or under another Act; or (ii) by the individual whose identity is apparent, or can reasonably be ascertained, from the personal information; or - (i) under another provision of this Act, or under another Act; or - (ii) by the individual whose identity is apparent, or can reasonably be ascertained, from the personal information; or - (c) for a proceeding in a court or tribunal, if the personal information is admissible as evidence in the proceeding; or - (d) if the purpose for which the action is taken is directly related to the purpose for which the personal information was obtained; or - (e) if the person believes on reasonable grounds that the action is necessary to prevent or lessen a serious and imminent threat to the life or health of an individual. - (i) under another provision of this Act, or under another Act; or - (ii) by the individual whose identity is apparent, or can reasonably be ascertained, from the personal information; or - (a) has been gained or otherwise brought into existence— (i) through involvement in the administration of this part; or (ii) because of an opportunity provided by involvement in the administration of this part; and - (i) through involvement in the administration of this part; or - (ii) because of an opportunity provided by involvement in the administration of this part; and - (b) is about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion. - (i) through involvement in the administration of this part; or - (ii) because of an opportunity provided by involvement in the administration of this part; and