34Secrecy

34 Secrecy (1) This section applies to any person who is or has been— (a) a member of the Tribunal; (b) a registrar or other member of staff of the Tribunal; (c) a person acting under the authority of the Tribunal. (2) Except as permitted by this section, a person to whom this section applies must not directly or indirectly make a record of, or disclose to any person, any information about the affairs of a person acquired in the performance of functions under or in connection with this Act or an enabling enactment. 1. 60 penalty units. (3) A person to whom this section applies may record or disclose information referred to in subsection (2)— (a) with the written consent of the person to whom the information relates; or (b) in connection with the performance of functions under this Act or an enabling enactment. Note to s. 34(3)(b) inserted by No. 11/2023 s. 54(1). There are information sharing functions of the Tribunal under sections 38AA and 147A. S. 34(4) amended by No. 37/2014 s. 10(Sch. item 177.2). (4) A person to whom this section applies may disclose any information referred to in subsection (2) to a police officer for the purposes of reporting a suspected offence or assisting in the investigation of a suspected offence. (5) A person to whom this section applies may disclose any information referred to in subsection (2) for statistical purposes to a person approved by the Minister provided that the information does not identify any person to whom it relates. (6) Nothing in this section[[1]](#endnote-2) applies to the recording or disclosure of— S. 34(6)(a) amended by No. 58/2013 s. 58. (a) anything said or done at a hearing of the Tribunal (other than at a hearing that the Tribunal has directed to be held in private or that is the subject of a closed court order under Part 5 of the **Open Courts Act 2013**); or (b) any decision or order of the Tribunal or the reasons for any such decision or order.