Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) This section applies to—
(a) every person who is or has been a commissioner, an officer of the commission, a member of a review committee or a member of a consultative committee; and
(b) a person who is or has been a prescribed person or an assistant.
(2) A person to whom this section applies shall not, either directly or indirectly, except for this Act or an inquiry—
(a) make a record of, or divulge or communicate to any person, any information concerning the affairs of another person acquired by him or her by reason of his or her office or employment under or for this Act or in the exercise of a function under this Act or in the course of an inquiry; or
(b) produce to any person a document relating to the affairs of another person furnished for this Act or in the course of an inquiry.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(3) Subject to section 39B, a person to whom this section applies shall not be required to produce before a court any document relating to the affairs of another person of which he or she has the custody, or to which he or she has access, by virtue of his or her office or employment under or for this Act or in the exercise of a function under this Act, or to divulge or to communicate to any court any information concerning the affairs of another person obtained by him or her by reason of such an officer or employment or in the exercise of such a function.
(4) Nothing in this section shall operate so as to prohibit a prescribed person from referring in a report furnished under part 12 (Inquiry relating to affairs of commission) to information acquired in the course of an inquiry if the reference does not reveal the identity of an applicant for legal assistance, a person to whom legal assistance is being or was provided or any other party or prospective party to litigation.
(5) Subsection (3) does not apply if the court considers that it is necessary in the interests of justice that the document be produced or the information be divulged or communicated.
(6) This section does not affect any law or any rule of practice or procedure relating to the discovery of documents in a proceeding in respect of which legal assistance is provided to a person under this Act.
(7) In this section:
"assistant"—see section 84A.
"court "includes tribunal.
"inquiry"—see section 84A.
"prescribed person"—see section 84A.