Queensland Consolidated Acts

PUBLIC INTEREST DISCLOSURE ACT 2010 - SECT 65

65 Preservation of confidentiality

(1) If a person gains confidential information because of the person’s involvement in this Act’s administration, the person must not make a record of the information, or intentionally or recklessly disclose the information to anyone, other than under subsection (3) .

Penalty—

Maximum penalty—84 penalty units.

(2) A person gains information because of the person’s involvement in this Act’s administration if the person gains the information because of being involved, or an opportunity given by being involved, in the administration.

Example—

If a person gains information because the person is a public officer who receives a public interest disclosure for a proper authority, the person gains the information because of the person’s involvement in this Act’s administration.

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

(a) for this Act; or

(b) to discharge a function under another Act including, for example, to investigate something disclosed by a public interest disclosure; or

(c) for a proceeding in a court or tribunal; or

(d) if the person to whom the confidential information relates consents in writing to the making of the record or disclosure of the information; or

(e) if—

(i) the person can not reasonably obtain the consent of the person to whom the confidential information relates; and

(ii) making the record or disclosing the information is unlikely to harm the interests of the person to whom the confidential information relates and is reasonable in all the circumstances; or

(f) if the person reasonably believes that making the record or disclosing the information is necessary to provide for the safety or welfare of a person; or

(g) if authorised under a regulation or another Act.

(4) This section does not affect an obligation a person may have under the principles of natural justice to disclose information to a person whose rights would otherwise be detrimentally affected.

(5) Subsection (4) applies to information disclosing, or likely to disclose, the identity of a person who makes a public interest disclosure only if it is—

(a) essential to do so under the principles of natural justice; and

(b) unlikely a reprisal will be taken against the person because of the disclosure.

(6) To remove any doubt, it is declared that if there is an inconsistency between this section and section 10 (1) , this section prevails.

(7) In this section—

"confidential information" —

(a) includes—

(i) information about the identity, occupation, residential or work address or whereabouts of a person—

(A) who makes a public interest disclosure; or

(B) against whom a public interest disclosure has been made; and

(ii) information disclosed by a public interest disclosure; and

(iii) information about an individual’s personal affairs; and

(iv) information that, if disclosed, may cause detriment to a person; and

(b) does not include information publicly disclosed in a public interest disclosure made to a court, tribunal or other entity that may receive evidence under oath, unless further disclosure of the information is prohibited by law.

"law" , for a public interest disclosure made to a committee of the Legislative Assembly, includes a standing rule, order or motion of the Legislative Assembly.