CONTAMINATED SITES ACT 2003 - SECT 96

CONTAMINATED SITES ACT 2003 - SECT 96

96 .         Confidentiality

        (1)         Other than as is necessary for the administration of this Act, nothing in this Act authorises access to, or the disclosure of, any information or document which would, or is likely to, reveal or lead to the revelation of, the identity of any person who made a report under section 11 or 12.

        (2)         These persons are subject to a duty of confidentiality —

            (a)         a person who is or was the CEO;

            (b)         people who are or were engaged or employed in the administration or enforcement of this Act; and

            (c)         other people —

                  (i)         to whom information or records are disclosed under this Act; or

                  (ii)         who gain access (properly or improperly) to information obtained under this Act.

        (3)         A person subject to a duty of confidentiality must not record, disclose, or make use of information obtained under this Act except —

            (a)         for a purpose related to the administration or enforcement of this Act;

            (b)         as required or allowed by this Act or another written law that specifically or by necessary implication overrides this duty of confidentiality;

            (c)         as authorised by the person, or persons, to whose affairs the information relates;

            (d)         for the purposes of the investigation of any suspected offence or any judicial proceedings, or a report of judicial proceedings, arising out of this Act or the EP Act;

            (e)         in a statistical or other form that could not reasonably be expected to lead to the identification of any person to whose affairs it relates; or

            (f)         in other circumstances in which its disclosure is permitted by the regulations.

        Penalty: $125 000, and a daily penalty of $25 000.