LEGAL PROFESSION ACT 2006 - SECT 596 Confidentiality of personal information

LEGAL PROFESSION ACT 2006 - SECT 596

    (1)     In this section:

"court" includes any entity with power to require the production of documents or the answering of questions.

"divulge" includes communicate.

"local regulatory authority" means—

        (a)     a council; or

        (b)     another entity with functions under this Act; or

        (c)     an entity prescribed by regulation.

"person to whom this section applies" means anyone who is, or has been—

        (a)     a local regulatory authority; or

        (b)     a member of a local regulatory authority; or

        (c)     a member of the staff of the bar association or the law society; or

        (d)     acting under the direction or authority of a local regulatory authority; or

        (e)     providing advice, expertise or assistance to a local regulatory authority.

"personal information" means information or an opinion (including information or an opinion forming part of a database), that is recorded in any form and whether true or not, about an individual whose identity is apparent, or can be reasonably ascertained, from the information or opinion, but does not include information or an opinion prescribed by regulation.

"produce" includes allow access to.

    (2)     A person to whom this section applies commits an offence if—

        (a)     the person—

              (i)     makes a record of personal information about a person; and

              (ii)     is reckless about whether the information is personal information about a person; or

        (b)     the person—

              (i)     does something that divulges personal information about a person; and

              (ii)     is reckless about whether—

    (A)     the information is protected information about a person; and

    (B)     doing the thing would result in the information being divulged.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (3)     This section does not apply if the record is made, or the information is divulged—

        (a)     under this Act or another territory law, a law of the Commonwealth or a corresponding law;

        (b)     in relation to the exercise of a function, as a person to whom this section applies, under this Act or another territory law;

        (c)     to a court or tribunal in the course of a proceeding;

        (d)     under an order of a court or tribunal;

        (e)     to the extent reasonably required to enable the investigation or enforcement of an offence or disciplinary action.

    (4)     Subsection (2) does not apply to the divulging of protected information about a law practice or another person—

        (a)     to the practice or person; or

        (b)     with the written consent of the practice or person; or

        (c)     if divulging the information is necessary for properly conducting an investigation and making the report of the investigation; or

        (d)     as provided in section 557 (Permitted disclosure of confidential information—ch 6).