Victorian Consolidated Legislation

Legal Profession Act 2004 - SECT 2.5.9.

Confidentiality of suitability reports to the Board

2.5.9. Confidentiality of suitability reports to the Board



(1) A member, member of staff or agent of the Board must not, directly or
indirectly, disclose to anyone else a suitability report, or information in a
suitability report, given to the Board.

Penalty: 60 penalty units.

(2) A member, member of staff or agent of the Board does not contravene
subsection (1) if-

   (a)  disclosure of the suitability report or information in it to someone
        else is authorised by the Board to the extent necessary to perform a
        function under this Act in relation to-

   (i)  an application for the grant or renewal of a local practising
        certificate; or

   (ii) the imposition or proposed imposition of conditions on a local
        practising certificate; or

   (iii) the amendment, suspension or cancellation, or proposed amendment,
        suspension or cancellation of a local practising certificate; or

   (b)  disclosure of the suitability report or information in it is made to
        the regulatory authority of another jurisdiction when the person to
        whom it relates is an applicant for the grant or renewal of a
        practising certificate, or the holder of an interstate practising
        certificate, under a corresponding law of the other jurisdiction; or

   (c)  the disclosure is made with the consent of the person to whom it
        relates; or

   (d)  the disclosure is otherwise required or permitted by law.