77Duty of confidentiality

77 Duty of confidentiality

(1) A person who is or has been a member of the Board or a member of the staff of the Board, must not, directly or indirectly, make a record of, or disclose or communicate to another person, any information obtained in the course of the performance of the person's functions under this Act unless—

(a) for a purpose or in a circumstance specified in subsection (2); and

(b) in the case of a disclosure or communication of information to a relevant person, the person disclosing or communicating the information is satisfied that—

(i) the information will be collected, stored and used by the relevant person in a way that ensures the protection of the privacy of any person to whom the information relates; and

(ii) the provision of the information to the relevant person is necessary to enable the relevant person to perform their functions.

Penalty: 60 penalty units.

(2) For the purposes of subsection (1) the purposes or circumstances are as follows—

(a) for the purposes of, or in connection with, the administration and enforcement of this Act or the regulations or a law of another State or Territory that corresponds with this Act or the regulations;

(b) for the purposes of assisting any of the following persons to perform a function under this Act or any other Act or to assist those persons in the performance of such functions—

(i) a member of, or officer employed by, the Board;

(ii) a person authorised by the Board for the purposes of this Act;

(iii) a relevant person;

(c) the information relates to a proceeding before the Victorian Civil and Administrative Tribunal that is open to the public;

(d) the information is reasonably required for the purposes of the enforcement of any other Act, or a law of another State or a Territory;

(e) for the purposes of reducing risks to the health, safety and wellbeing of a natural person to whom the information relates;

(f) for the purposes of reducing risks to the health, safety and wellbeing of members of the public or the health or welfare of animals;

(g) the information is in a form that does not identify a natural person to whom the information relates;

(h) the disclosure is authorised in writing by the person to whom the information relates;

(i) the disclosure is authorised in writing by the Board on the grounds that the disclosure is in the public interest.

(3) In this section—

relevant person means any of the following persons—

(a) the Director of Public Prosecutions;