Australian Capital Territory Numbered Acts

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COMMUNITY ADVOCATE ACT 1991 (NO. 64 OF 1991) - SECT 19

Secrecy

19. (1) In this section—“court” includes any tribunal, authority or person having power to require the production of documents or the answering of questions; “person to whom this section applies” means a person who is, or has been—

        (a)     the Community Advocate;

        (b)     a member of the staff of the Advocate; or

        (c)     a person acting under the direction or authority of the Advocate;

“produce” includes permit access to;
“protected information” means information that—

        (a)     concerns a person; and

        (b)     is disclosed to, or obtained by, a person to whom this section applies because of the exercise of a power or the performance of a duty or function by the person under or in relation to this Act.

(2) Subject to subsection (3), a person to whom this section applies shall not—

        (a)     make a record of protected information; or

        (b)     directly or indirectly, divulge or communicate to a person protected information concerning another person;

unless the record is made or the information divulged or communicated in relation to the exercise of a power, or the performance of a duty or function, as a person to whom this section applies, under or in relation to this Act or another Act.

Penalty: $5, 000 or imprisonment for 6 months, or both.

(3) Subsection (2) does not prevent a person to whom this section applies from divulging or communicating protected information to a person about another person with the consent of that other person.

(4) A person to whom this section applies is not required—

        (a)     to divulge or communicate protected information to a court; or

        (b)     to produce a document containing protected information to a court;

except where it is necessary to do so for the purposes of this Act or another Act.



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