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JAMES COOK UNIVERSITY ACT 1997 - SECT 62E
Restrictions on disclosing protected information
(1) This section applies to a person who possesses protected information
because the person is or was— (a) the Minister; or
(b) a member; or
(c) a
person involved in the administration of this Act, including, for example, as
a public service employee; or
(d) a person helping the Minister, the council
or a member to perform a function under this Act, including by providing
administrative or other support.
(2) The person must not, directly or
indirectly, disclose the protected information to another person unless the
disclosure is permitted under subsection (3) or (4) . Penalty— Maximum
penalty—100 penalty units.
(3) The person may disclose the
protected information to another person— (a) to the extent necessary to
perform the person’s functions under this Act; or
(b) if the disclosure is
authorised under an Act; or
(c) if the disclosure is otherwise required or
permitted by law; or
(d) if the person to whom the information relates
consents to the disclosure; or
(e) if the disclosure is in a form that does
not identify the person to whom the information relates; or
(f) if the
information is, or has been, lawfully accessible to the public.
(4) Also,
without limiting subsection (3) , the Minister, chancellor or vice-chancellor
may disclose the protected information to any of the following to the extent
necessary for the proper performance of the council’s functions— (a) the
council;
(b) a committee of the council;
(c) a member;
(d) another person.
(5) In this section—
"function" includes power.
"perform" , a function, includes exercise a power.
"protected information" means— (a) a report, or information contained in a
report, given under section 62B ; or
(b) a notice, or information contained
in a notice, given under section 62D .
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