Australian Capital Territory Consolidated Acts

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PUBLIC INTEREST DISCLOSURE ACT 1994 - SECT 33

Confidentiality

    (1)     A public official shall not, without reasonable excuse, make a record of, or wilfully disclose to another person, confidential information gained through the public official's involvement in the administration of this Act.

Maximum penalty: 50 penalty units.

    (2)     Subsection (1) does not apply to a public official who makes a record of, or discloses, confidential information

        (a)     to another person for this Act; or

        (b)     to another person, if expressly authorised under another Territory law; or

        (c)     for the purposes of a proceeding in a court or tribunal.

Note     A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act 2001 , s 104).

    (3)     In this section:

"confidential information" means—

        (a)     information about the identity, occupation or whereabouts of a person who has made a public interest disclosure or against whom a public interest disclosure has been made; or

        (b)     information contained in a public interest disclosure; or

        (c)     information concerning an individual's personal affairs; or

        (d)     information that, if disclosed, may cause detriment to a person.



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