Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts80. (1) This section has effect subject to section 39.
(2) This section applies to every person who is or has been—
(a) the Commissioner;
(b) a member of the staff of the Unit;
(c) engaged under section 14;
(d) a person to whom information is given under Division 2 of Part V; or
(e) a member of the Council.
(3) Subject to subsection (4), a person to whom this section applies shall not, either directly or indirectly—
(a) make a record of, divulge or communicate to any person, any information concerning another person acquired by the first-mentioned person by reason of—
(i) holding an office or appointment;
(ii) being employed or engaged; or
(iii) performing or exercising a function;
under this Act; or
(b) produce to any person, or give access to any person to, a document furnished for the purposes of this Act.
Penalty: $5,000.
(4) Subsection (3) does not apply to a person—
(a) in the performance of a function under this Act;
(b) in so far as the person is required or authorised by any other Act to divulge information or produce a document;
(c) in so far as the person is required to divulge information or produce a document to a court in the course of proceedings—
(i) between the parties to a complaint made to the Commissioner, being proceedings that arise out of the circumstances that gave rise to the complaint; or
(ii) against the Commissioner or a delegate of the Commissioner, being proceedings arising out of the administration of this Act;
(d) if the person to whom information or a document relates has expressly authorised the first-mentioned person to divulge the information or produce or give access to the document; or
(e) except in the case of information provided during the course of a process of conciliation—if the Minister has certified that it is necessary in the public interest that specified information should be divulged, or that a specified document should be produced, to a specified person.
(5) In this section—