Queensland Consolidated Acts

FAMILY RESPONSIBILITIES COMMISSION ACT 2008 - SECT 147

147 Preservation of confidentiality

(1) A person must not record, disclose or use confidential information gained by the person through involvement in the administration of this Act, or otherwise under this Act, unless the person does so—

(a) for the purpose of this Act; or

(b) when authorised under this Act; or

(c) with the consent of the person to whom the information relates, or if the person is a child unable to consent, with the consent of a parent of the child.

Penalty—

Maximum penalty—100 penalty units.

(2) A person is not required—

(a) to disclose confidential information to a court or tribunal; or

(b) to produce a record containing confidential information to a court or tribunal;

unless it is necessary to do so for the purpose of this Act.

(3) A person gains information through involvement in the administration of this Act if the person gains the information—

(a) in the course of the involvement; or

(b) because of an opportunity provided by the involvement.

(4) The following persons are taken to be involved in the administration of this Act—

(a) a commission member;

(b) a board member;

(c) a member of the staff of the registry;

(d) a person engaged by a community support service who has gained information about a person to whom confidential information relates.

Example of a person engaged by a community support service—

a volunteer

(5) In this section—

"confidential information" includes—

(a) information or an opinion, whether true or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion; and

(b) information disclosed by an entity in an agency notice.