New South Wales Consolidated Acts

BUILDING PROFESSIONALS ACT 2005 - SECT 44

44 Duty of confidentiality of client communications

(1) An accreditation holder must comply with a requirement under this Part or Part 4 or 5 to answer a question or to produce information or a document despite any duty of confidentiality in respect of a communication between the accreditation holder and a client.

(2) Subsection (1) applies only if the client is the complainant or consents to the disclosure of the communication concerned.

(3) An accreditation holder may disclose a matter to the Board or the Tribunal in breach of any such duty of confidentiality if the Board or Tribunal is satisfied that it is necessary for the accreditation holder to do so in order to rebut an allegation in the complaint.