Section 26Part 5 — OFFENCES AND PENALTIES
Confidentiality of information by officers
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An officer or a person acting for or under the direction of the Director shall not disclose data or information which —
was obtained by, or furnished to, the officer or the person acting for or under the direction of the Director, for the purposes of the performance of their duties and functions under this Act, or in the exercise of their powers under this Act; and
is not at the time of the disclosure available to the public through lawful means, unless the disclosure is made with lawful authority.
For the purposes of subsection (1), a disclosure of data or information is made with lawful authority where —
the disclosure is made with the consent of the person to whom the data or information relates;
the disclosure is authorized by law; or
having regard to the rights and freedoms or legitimate interests of a person, the disclosure is necessary in the public interest and is —
made by the Director or a person authorized in writing by the Director to issue external communications on behalf of the Department; and
limited to the information necessary to correct false information publicly issued by a person, in relation to —
the manner in which that person's application is being, or has been, dealt with; or
the conduct of the Department or an officer of the Department in the officer's official capacity.
Where an officer or a person acting for or under the direction of the Director knowingly or recklessly discloses data or information in contravention of subsection (1), that person commits an offence and is liable —
on summary conviction, to a fine of ten thousand dollars; or
on conviction on indictment, to a fine of twenty thousand dollars.
Referenced By
- Section 34 — Regulations
section 26(2)(c)