Queensland Consolidated Acts Queensland Consolidated Acts(1) If a person gains confidential information because of the person's involvement as a public officer in this Act's administration, the person must not make a record of the information, or intentionally or recklessly disclose the information to anyone, other than under subsection (3).
Maximum penalty--84 penalty units.
(2) A public officer gains information through involvement in the administration of this Act if the officer gains the information because of being involved, or an opportunity given by being involved, in the administration.
Example--
If a public officer gains information because the public officer receives a public interest disclosure for an appropriate entity, the public officer gains the information through involvement in the administration of this Act.
(3) A person may make a record of confidential information, or disclose it to someone else--
(a) for this Act; or
(b) to discharge a function under another Act including, for example, to investigate something disclosed by a public interest disclosure; or
(c) for a proceeding in a court or tribunal; or
(d) if authorised under a regulation or another Act.
(4) This section does not affect an obligation a person may have under the law about natural justice to disclose information to a person whose rights would otherwise be detrimentally affected.
(5) Subsection (4) applies to information disclosing, or likely to disclose, the identity of a person who makes a public interest disclosure only if it is--
(a) essential to do so under the law about natural justice; and
(b) unlikely a reprisal will be taken against the person because of the disclosure.
(6) To remove doubt, if there is an inconsistency between this section and section 6, this section prevails.
(7) In this section--
confidential information includes--
(a) information about the identity, occupation, residential or work address or whereabouts of a person--
(i) who makes a public interest disclosure; or
(ii) against whom a public interest disclosure has been made; and
(b) information disclosed by a public interest disclosure; and
(c) information about an individual's personal affairs; and
(d) information that, if disclosed, may cause detriment to a person;
but does not include information publicly disclosed in a public interest disclosure made to a court, tribunal or other entity that may receive evidence under oath, unless further disclosure of the information is prohibited by law.
law for a public interest disclosure made to a committee of the Legislative Assembly, includes a standing rule, order or motion of the Legislative Assembly.