PATH TO TREATY ACT 2023 - SECT 63
Confidentiality of information
PATH TO TREATY ACT 2023 - SECT 63
Confidentiality of information
(1) This section applies to a person who— (a) is or has been— (i) the
Minister; or
(ii) a member of the Treaty Institute Council; or
(iii) a
senior executive officer; or
(iv) a member of staff or a contractor of the
Treaty Institute; or
(v) a public service employee performing functions under
or relating to the administration of this part; and
(b) in that capacity, has
acquired or has access to confidential information.
(2) The person must not
disclose the confidential information to anyone else, or use the information,
other than under this section. Penalty— Maximum penalty—100 penalty
units.
(3) The person may disclose or use the confidential information—
(a) to the extent the disclosure or use is— (i) necessary to perform the
person’s functions under or relating to this Act; or
(ii) otherwise
required or permitted under this Act or another law; or
(b) with the consent
of the person to whom the information relates; or
(c) to the extent the
disclosure or use— (i) does not identify the person to whom the information
relates; and
(ii) does not allow the identity of the person to be reasonably
ascertained; or
(d) in compliance with a lawful process requiring production
of documents to, or giving evidence before, a court or tribunal.
(4) In this
section—
"disclose" includes give access to.
"information" includes a document.
