sec.308Confidentiality of information

sec.308 Confidentiality of information

A person who is, or was, an inspector, or officer or employee of the department, must not disclose confidential information gained by the person in performing functions under this Act. Maximum penalty—200 penalty units or 2 years imprisonment. Subsection (1) does not apply to the disclosure of confidential information by a person— for a purpose under this Act or a gaming Act; or with a lawful excuse; or under an approval of the chief executive under this section. The chief executive may approve the disclosure of confidential information by a person to— an entity prescribed under a regulation; or an officer, employee or member of the entity; or a stated department, person or other entity. Before giving an approval for subsection (3) (c) , the chief executive must— give written notice of the proposed approval to any person whom the chief executive considers likely to be affected adversely by the disclosure; and give the person the opportunity of making a submission about the proposed approval within the time (not less than 14 days) stated in the notice. If confidential information is disclosed to an entity or person under an approval given by the chief executive, the entity or person, and any employee or other person under the control of the entity or person, are taken to be persons to whom subsection (1) applies and to have gained the information in performing functions under this Act. In this section— confidential information means information, other than information that is publicly available, about— a person’s personal affairs, business affairs or reputation, character, criminal history, current financial position or financial background; or a person making an application under this Act. s 308 amd 2004 No. 21 s 120 (sec.308-ssec.1) A person who is, or was, an inspector, or officer or employee of the department, must not disclose confidential information gained by the person in performing functions under this Act. Maximum penalty—200 penalty units or 2 years imprisonment. (sec.308-ssec.2) Subsection (1) does not apply to the disclosure of confidential information by a person— for a purpose under this Act or a gaming Act; or with a lawful excuse; or under an approval of the chief executive under this section. (sec.308-ssec.3) The chief executive may approve the disclosure of confidential information by a person to— an entity prescribed under a regulation; or an officer, employee or member of the entity; or a stated department, person or other entity. (sec.308-ssec.4) Before giving an approval for subsection (3) (c) , the chief executive must— give written notice of the proposed approval to any person whom the chief executive considers likely to be affected adversely by the disclosure; and give the person the opportunity of making a submission about the proposed approval within the time (not less than 14 days) stated in the notice. (sec.308-ssec.5) If confidential information is disclosed to an entity or person under an approval given by the chief executive, the entity or person, and any employee or other person under the control of the entity or person, are taken to be persons to whom subsection (1) applies and to have gained the information in performing functions under this Act. (sec.308-ssec.6) In this section— confidential information means information, other than information that is publicly available, about— a person’s personal affairs, business affairs or reputation, character, criminal history, current financial position or financial background; or a person making an application under this Act.