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WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 243AA
Secrecy of information obtained from or relating to insurers or proposed insurers
243AA Secrecy of information obtained from or relating to insurers or proposed
insurers
(1) A person who acquires protected information in the exercise of
functions under this Act must not, directly or indirectly, make a record of
the information or divulge the information to another person if the person is
aware that it is protected information, except in the exercise of
functions under this Act. : Maximum penalty--50 penalty units.
(2) Despite
subsection (1), protected information may be divulged-- (a) to a particular
person or persons, if the Authority certifies that it is necessary in the
public interest that the information be divulged to the person or persons, or
(b) to a person or body prescribed by the regulations, or
(c) to a person who
is expressly or impliedly authorised to obtain it by the person to whom the
information relates, or
(d) to the Minister.
(3) A person cannot be
required-- (a) to produce in any court any document or other thing that
contains protected information and that has come into the person's possession,
custody or control by reason of, or in the course of, the exercise of the
person's functions under this Act, or
(b) to divulge to any court any
protected information that has come to the person's notice in the exercise of
the person's functions under this Act.
(4) Despite subsection (3), a person
may be required to produce such a document or other thing in a court or to
divulge protected information to a court if-- (a) the Authority certifies that
it is necessary in the public interest to do so, or
(b) a person to whom the
information relates (or to whom the information contained in the document or
thing relates) has expressly authorised it to be divulged to or produced in
the court.
(5) An authority or person to whom protected information is
divulged under subsection (2), and a person or employee under the control of
that authority or person, are, in respect of that information, subject to the
same rights, privileges and duties under this section as they would be if that
authority, person or employee were a person exercising
functions under this Act and had acquired the information in the exercise of
those functions.
(6) This section does not apply to the divulging of
information to, or the production of any document or other thing to-- (a) any
law enforcement agency, or
(b) any person or body prescribed by the
regulations for the purposes of this subsection.
(7) In this section--
"court" includes any tribunal, authority or person having power to require the
production of documents or the answering of questions.
"functions under this Act" includes functions under the regulations or other
instruments under this Act.
"produce" includes permit access to.
"protected information" means-- (a) information concerning the business,
commercial, professional or financial affairs of an applicant for a licence
under Part 7 of the 1987 Act or of a licensed insurer, or
(b) information
obtained in the course of an investigation of an application for such a
licence, or
(c) information that was obtained by the Authority under this Act
or the 1987 Act from a licensed insurer and that is the subject of an
unrevoked declaration by the licensed insurer to the effect that the
information is confidential,
not being information that is publicly available.
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