Australian Capital Territory Consolidated Acts

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LEGAL AID ACT 1977 - SECT 35D

Confidentiality of negotiation

A convenor must not disclose information obtained in a negotiation session to a person who is not a party to the session (a "nonparticipant") unless—

        (a)     the person who provided the information to the convenor consents to the information being disclosed to the nonparticipant; or

        (b)     the information is necessary for the provision or administration of legal assistance and is being disclosed to any of the following:

              (i)     the board;

              (ii)     the chief executive officer;

              (iii)     a committee established under this Act;

              (iv)     a member of the staff of the commission; or

        (c)     the following apply:

              (i)     the information is necessary so that any party or parties to the session can be referred to another dispute resolution service (a related service ) that may be able to assist in the resolution of the dispute between the parties, or in some other way;

              (ii)     all parties to the session consent to the information being disclosed to the related service; or

        (d)     the disclosure of the information is reasonably necessary to prevent or minimise injury to a person or damage to property; or

        (e)     the convenor is required to disclose the information under a law of the Territory or Commonwealth.



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