Victorian Consolidated Legislation

First Home Owner Grant Act 2000 - SECT 50

Protection of confidential information

50. Protection of confidential information



(1) In this section-

protected information means information about an applicant or applicant's
partner for a first home owner grant obtained under or in relation to the
administration of this Act.

(2) A person is subject to a duty of confidentiality if-

   (a)  the person is, or has been, engaged in the administration or
        enforcement of this Act; or



   (b)  the person has obtained access to protected information (directly or
        indirectly) from a person who is, or has been, engaged in the
        administration or enforcement of this Act.

(3) A person who is subject to a duty of confidentiality must not disclose
protected information except as permitted by subsection (4).

Penalty: 60 penalty units.

(4) Protected information may be disclosed-

   (a)  at the request or with the consent of the person to whom the
        information relates or a person acting on that person's behalf; or

   (b)  in connection with the administration or enforcement of-

   (i)  this Act or a corresponding law; or

   (ii) a taxation law; or

   (c)  for the purposes of legal proceedings arising out of this Act, a
        corresponding law or a taxation law, or a report of those proceedings;
        or

   (ca) to the following in connection with an investigation or prosecution
        carried out in the course of their duty-

   (i)  a member of the police force; or

   (ii) a member of the Australian Federal Police; or

   (iii) the Director of Consumer Affairs Victoria; or

   (iv) the Director of Housing; or

   (d)  as authorised under the regulations.

(5) For the purposes of the Freedom of Information Act 1982, protected
information is information of a kind to which section 38 of that Act applies.