New South Wales Consolidated Acts

LEGAL PROFESSION ACT 2004 - SECT 722

722 Confidentiality of personal information

(1) A relevant person must not disclose to any other person, whether directly or indirectly, any personal information obtained by reason of being a relevant person.

Maximum penalty: 50 penalty units.

(2) Subsection (1) does not apply to the disclosure of information:

(a) to the extent the disclosure is reasonably required to perform duties or exercise functions under this Act, the regulations or the legal profession rules or under any other Act or regulations made under any other Act, or

(b) to the extent that the relevant person is expressly authorised, permitted or required to disclose the information under this Act, the regulations or the legal profession rules or under any other Act or regulations made under any other Act, or

(c) with the prior consent in writing of the person to whom the information relates, or

(d) to a court or tribunal in the course of legal proceedings, or

(e) pursuant to an order of a court or tribunal under any Act or law, or

(f) to the extent the disclosure is reasonably required to enable the enforcement or investigation of the criminal law or a disciplinary matter.

(3) Subsection (1) extends to the disclosure of information that was disclosed under a corresponding law to a local regulatory authority or a relevant person.

(4) In this section:
"local regulatory authority" means:

(a) an authority having powers or functions under this Act, or

(b) a person or body prescribed, or of a class prescribed, by the regulations.

"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 a natural person whose identity is apparent, or can be reasonably ascertained, from the information or opinion, but does not include information or an opinion of a kind prescribed by the regulations.
"relevant person" means:

(a) a local regulatory authority, or

(b) a member or former member of a local regulatory authority, or

(c) a person currently or previously employed by or acting at the direction of a local regulatory authority.