sec.385Confidentiality of other information

sec.385 Confidentiality of other information

This section applies to a person who— is or has been— the Minister or a member of the Minister’s staff; or 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 confidential information. However, this section does not apply in relation to confidential information that is protected information under section 384 . The person must not use the confidential information, or disclose or give access to the confidential information to anyone else, unless the use, disclosure or giving of access is allowed under subsection (4) . Maximum penalty—100 penalty units. The person may use the confidential information, or disclose or give access to the confidential information to another person, if the use, disclosure or giving of access— is for the purpose of this Act; or is for the purpose of obtaining advice for, or giving advice to, the Minister in relation to the confidential information; or is for the purpose of performing a function under another law; or is for a proceeding in a court or tribunal; or is authorised under a regulation or another law; or happens with the consent of the person to whom the confidential information relates; or is for a purpose directly related to a child’s protection or welfare. s 385 (prev s 153) amd 2004 No. 36 s 54 ; 2006 No. 17 s 49 ; 2010 No. 5 s 56 (3) sch 2 amdts 74–75 renum 2010 No. 5 s 56 (3) sch 2 amdt 80 amd 2014 No. 28 s 78 ; 2019 No. 18 s 86 (1) sch 1 sub 2020 No. 39 s 56 amd 2024 No. 50 s 113 (sec.385-ssec.1) This section applies to a person who— is or has been— the Minister or a member of the Minister’s staff; or 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 confidential information. (sec.385-ssec.2) However, this section does not apply in relation to confidential information that is protected information under section 384 . (sec.385-ssec.3) The person must not use the confidential information, or disclose or give access to the confidential information to anyone else, unless the use, disclosure or giving of access is allowed under subsection (4) . Maximum penalty—100 penalty units. (sec.385-ssec.4) The person may use the confidential information, or disclose or give access to the confidential information to another person, if the use, disclosure or giving of access— is for the purpose of this Act; or is for the purpose of obtaining advice for, or giving advice to, the Minister in relation to the confidential information; or is for the purpose of performing a function under another law; or is for a proceeding in a court or tribunal; or is authorised under a regulation or another law; or happens with the consent of the person to whom the confidential information relates; or is for a purpose directly related to a child’s protection or welfare.