sec.384Confidentiality of protected information

sec.384 Confidentiality of protected information

This section applies to a person who— is or has been— a public service employee employed in the department; or a member of an advisory committee; or an expert advisor; and in that capacity, was given, or given access to, any of the following information ( protected information ) about a person— police information and information related to the police information; domestic violence information and information related to the domestic violence information; disciplinary information; adverse interstate WWC information; information about the person’s mental health, including, for example, information about a proceeding in the Mental Health Court or the Mental Health Review Tribunal about the person; other information that the chief executive has considered in making an employment-screening decision about the person, including, for example, information given to the chief executive by the chief executive (disability worker screening) under the Disability Services Act 2006 , section 138ZG or an interstate screening unit. Also, this section applies to a person who is or has been— the Minister and, in that capacity, received a report under section 395 that contains protected information; or a member of the Minister’s staff and, in that capacity, was given, or given access to, a report or information mentioned in paragraph (a) . The person must not use the protected information, or disclose or give access to the protected information to anyone else, unless the use, disclosure or giving or access is allowed under subsection (4) . Maximum penalty—100 penalty units or 2 years imprisonment. The person may use the protected information, or disclose or give access to the protected information to another person if the use, disclosure or giving of access— is for the purpose of an employment-screening decision; or for protected information other than a section 93A transcript or a transcript of a recorded statement—is for the purpose of obtaining advice for, or giving advice to the Minister, in relation to the protected information; or happens with the consent of the person to whom the protected information relates; or is expressly permitted under chapter 8 or section 395 ; or is for research purposes under section 398B ; or is otherwise required under a law. s 384 (prev s 152) amd 2004 No. 36 s 53 ; 2006 No. 17 s 48 ; 2010 No. 5 s 61 renum 2010 No. 5 s 56 (3) sch 2 amdt 80 amd 2010 No. 33 s 111 ; 2014 No. 28 s 77 sub 2019 No. 18 s 64 amd 2020 No. 39 s 55 ; 2022 No. 7 ss 92 , 127 ; 2022 No. 12 s 50 ; 2024 No. 50 s 112 (sec.384-ssec.1) This section applies to a person who— is or has been— a public service employee employed in the department; or a member of an advisory committee; or an expert advisor; and in that capacity, was given, or given access to, any of the following information ( protected information ) about a person— police information and information related to the police information; domestic violence information and information related to the domestic violence information; disciplinary information; adverse interstate WWC information; information about the person’s mental health, including, for example, information about a proceeding in the Mental Health Court or the Mental Health Review Tribunal about the person; other information that the chief executive has considered in making an employment-screening decision about the person, including, for example, information given to the chief executive by the chief executive (disability worker screening) under the Disability Services Act 2006 , section 138ZG or an interstate screening unit. (sec.384-ssec.2) Also, this section applies to a person who is or has been— the Minister and, in that capacity, received a report under section 395 that contains protected information; or a member of the Minister’s staff and, in that capacity, was given, or given access to, a report or information mentioned in paragraph (a) . (sec.384-ssec.3) The person must not use the protected information, or disclose or give access to the protected information to anyone else, unless the use, disclosure or giving or access is allowed under subsection (4) . Maximum penalty—100 penalty units or 2 years imprisonment. (sec.384-ssec.4) The person may use the protected information, or disclose or give access to the protected information to another person if the use, disclosure or giving of access— is for the purpose of an employment-screening decision; or for protected information other than a section 93A transcript or a transcript of a recorded statement—is for the purpose of obtaining advice for, or giving advice to the Minister, in relation to the protected information; or happens with the consent of the person to whom the protected information relates; or is expressly permitted under chapter 8 or section 395 ; or is for research purposes under section 398B ; or is otherwise required under a law.