Queensland Consolidated Acts

JAMES COOK UNIVERSITY ACT 1997 - SECT 62E

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 .