New South Wales Consolidated Acts

LOCAL GOVERNMENT ACT 1993 - SECT 664

664 Disclosure and misuse of information

(1) A person must not disclose any information obtained in connection with the administration or execution of this Act unless that disclosure is made:

(a) with the consent of the person from whom the information was obtained, or

(b) in connection with the administration or execution of this Act, or

(c) for the purposes of any legal proceedings arising out of this Act or of any report of any such proceedings, or

(d) in accordance with a requirement imposed under the Ombudsman Act 1974 or the Freedom of Information Act 1989 , or

(e) with other lawful excuse.

(1A) In particular, if part of a meeting of a council or a committee of a council is closed to the public in accordance with section 10A (1), a person must not, without the authority of the council or the committee, disclose (otherwise than to the council or a councillor of the council) information with respect to the discussion at, or the business of, the meeting.

(1B) Subsection (1A) does not apply to:

(a) the report of a committee of a council after it has been presented to the council, or

(b) disclosure made in any of the circumstances referred to in subsection (1) (a)-(e), or

(c) disclosure made in circumstances prescribed by the regulations, or

(d) any agenda, resolution or recommendation of a meeting that a person is entitled to inspect in accordance with section 12.

(2) A person acting in the administration or execution of this Act must not use, either directly or indirectly, information acquired by the person in that capacity, being information that is not generally known, for the purpose of gaining either directly or indirectly a financial advantage for the person, the person’s spouse or de facto partner or a relative of the person.

(3) A person acting in the administration or execution of this Act, and being in a position to do so, must not, for the purpose of gaining either directly or indirectly an advantage for the person, the person’s spouse or de facto partner or a relative of the person, influence:

(a) the determination of an application for an approval, or

(b) the giving of an order.

Maximum penalty: 50 penalty units.