Queensland Consolidated Acts

FAMILY AND CHILD COMMISSION ACT 2014 - SECT 36

36 Confidentiality of information

(1) If a person gains confidential information through involvement in the administration of this Act, the person must not—

(a) make a record of the information or intentionally disclose the information to anyone, other than under subsection (3) ; or

(b) recklessly disclose the information to anyone.

Penalty—

Maximum penalty—200 penalty units.

(2) A person gains information through involvement in the administration of this Act if the person gains the information because of being, or an opportunity given by being—

(a) the Minister or a member of the Minister’s staff; or

(b) a commissioner; or

(c) a member of the board; or

(d) a staff member of the commission; or

(e) a person consulted or employed by the commission for this Act; or

(f) a member of an advisory council.

(3) A person may make a record of confidential information or disclose it to someone else—

(a) if the principal commissioner decides the information may be disclosed under subsection (4) ; or

(b) under this Act; or

(c) as authorised or required under another law; or

(d) in compliance with a lawful process requiring the production of documents or giving of evidence before a court or tribunal; or

(e) with the written consent of the person to whom the information relates.

(4) The principal commissioner may decide to disclose confidential information to a person if the commissioner is satisfied—

(a) the disclosure is reasonably necessary—

(i) to prevent or minimise the risk of harm to anyone; or

(ii) to improve the performance of a function or service to prevent or minimise the risk of harm to anyone; and

(b) the public interest in preventing or minimising the risk of harm outweighs the need to protect the privacy of any living or dead person.