Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) In this section:
"court" includes any tribunal or other entity having power to require the production of documents or the answering of questions.
"person to whom this section applies" means a person who is or has been—
(a) the director; or
(b) an appointed member of the council; or
(c) anyone else who has exercised a function under this Act.
"produce" includes permit access to.
"protected information" means information about a person that is disclosed to, or obtained by, a person to whom this section applies because of the person's position under this Act or the exercise of a function under this Act.
(2) A person to whom this section applies commits an offence if the person—
(a) makes a record of protected information; or
(b) directly or indirectly, discloses or communicates to a person protected information about someone else.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(3) Subsection (2) does not apply if the record is made, or the information is disclosed or communicated—
(a) under this or any other Act; or
(b) in relation to the exercise of a function, as a person to whom this section applies, under this or any other Act.
(4) Subsection (2) does not prevent a person to whom this section applies from divulging or communicating protected information to a person about someone else with the consent of the other person.
(5) A person to whom this section applies is not required—
(a) to divulge or communicate protected information to a court; or
(b) to produce a document containing protected information to a court;
unless it is necessary to do so for this Act or another Act.