STATE TRUSTEES (STATE OWNED COMPANY) ACT 1994 - SECT 17 Secrecy provision

STATE TRUSTEES (STATE OWNED COMPANY) ACT 1994 - SECT 17

S. 17(1) amended by No. 13/2019 s. 221(Sch.  1 item 50.5).

    (1)     This section applies only in relation to State Trustees' administration of the estate of a represented person.

S. 17(2) amended by No. 13/2019 s. 221(Sch.  1 item 50.5).

    (2)     Unless subsection (3) applies, a person who is or has been a director, member, officer or employee of State Trustees, must not, except to the extent necessary to perform any official duties, or to perform or exercise any function or power, in relation to its administration of the estate of a represented person, either directly or indirectly, make a record of, or divulge or communicate to any person, any information that is or was acquired by the person by reason of being or having been so appointed, or make use of information, for any purpose other than the performance of official duties or the performance or exercise of that function or power.

Penalty:     10 penalty units.

    (3)     Subsection (2) does not preclude a person from—

        (a)     producing a document to a court in the course of any proceedings; or

        (b)     divulging or communicating to a court in the course of any proceedings any matter or thing coming under the notice of the person in the performance of official duties or in the performance of a function or the exercise of a power referred to in that subsection; or

        (c)     producing a document or divulging or communicating information that is required or permitted by any Act to be produced, divulged or communicated, as the case may be if, where the document or information relates to the personal affairs of another person, that other person has given consent in writing.