Commonwealth Numbered Acts

DISABILITY DISCRIMINATION ACT 1992 No. 135 of 1992 - SECT 127

127.(1) A person who is, or has at any time been, the Commissioner, a member
of the Commission or a member of the staff assisting the Commission or is, or
has at any time been, authorised to perform or exercise any function or power
of the Commission or the Commissioner or any function or power on behalf of
the Commission or the Commissioner, being a function or power conferred on the
Commission or on the Commissioner under this Act, must not, either directly or
indirectly, except in the performance of a duty under or in connection with
this Act or in the performance or exercise of such a function or power:

   (a)  make a record of, or divulge or communicate to any person, any
        information relating to the affairs of another person acquired by the
        first-mentioned person because of that person's office of employment
        under or for the purposes of this Act or because of that person being
        or having been so authorised; or

   (b)  make use of any such information as is mentioned in paragraph (a); or

   (c)  produce to any person a document relating to the affairs of another
        person given for the purposes of this Act. Penalty: Imprisonment for 2
        years.

(2) A person who is, or has at any time been, the Commissioner, a member of
the Commission or a member of the staff assisting the Commission or is, or has
at any time been, authorised to perform or exercise any function or power of
the Commission or the Commissioner or any function or power on behalf of the
Commission or the Commissioner, being a function or power conferred on the
Commission or on the Commissioner under this Act, must not be required:

   (a)  to divulge or communicate to a court any information relating to the
        affairs of another person acquired by the first-mentioned person
        because of that person's office or employment under or for the
        purposes of this Act or because of that person being or having been so
        authorised; or

   (b)  to produce in a court a document relating to the affairs of another
        person of which the first-mentioned person has custody, or to which
        that person has access, because of that person's office or employment
        under or for the purposes of this Act or because of that person being
        or having been so authorised; except where it is necessary to do so
        for the purposes of this Act.

(3) This section does not prohibit a person from:

   (a)  making a record of information that is required or permitted by an Act
        to be recorded, if the record is made for the purposes of or under
        that Act; or

   (b)  divulging or communicating information, or producing a document, to
        any person in accordance with an arrangement in force under section 16
        of the Human Rights and Equal Opportunity Commission Act 1986; or

   (c)  divulging or communicating information, or producing a document that
        is required or permitted by an Act to be divulged, communicated or
        produced as the case may be, if the information is divulged or
        communicated, or the document is produced, for the purposes of or
        under that Act.

(4) Subsection (2) does not prevent a person from being required, for the
purposes of or under an Act, to divulge or communicate information, or to
produce a document, that is required or permitted by that Act to be divulged,
communicated or produced.

(5) In this section:

"court" includes any tribunal, authority or person having power to require the
production of documents or the answering of questions;

"produce" includes permit access to.