Queensland Consolidated Acts

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PUBLIC SERVICE ACT 2008 - SECT 88M

Confidentiality of information

88M Confidentiality of information

(1) This section applies to a person who—
(a) is, or has been, any of the following—
(i) the commission chief executive;
(ii) a staff member of the commission, or any other person, to whom the function of conducting a review under section 88I is delegated by the commission chief executive; and
(b) in that capacity, acquired confidential information under this part.
(2) The person must not disclose the confidential information to anyone else.
Penalty—
Maximum penalty—100 penalty units.
(3) Subsection (2) does not apply to the disclosure of confidential information
(a) for the purpose of administering this Act; or
(b) to the extent necessary to perform the person’s functions under an Act; or
(c) for a proceeding in a court or tribunal; or
(d) with the consent of the person to whom the confidential information relates; or
(e) if the disclosure is otherwise required or permitted under another Act or law.
(4) In this section—

"confidential information"
(a) means personal information; but
(b) does not include information in the public domain unless further disclosure of the information is prohibited by law.

"personal information" means information or an opinion about an individual—
(a) if the individual’s identity is apparent, or can reasonably be ascertained, from the information or opinion; and
(b) whether or not the information or opinion—
(i) is true; or
(ii) forms part of a database; or
(iii) is recorded in a material form.



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