Queensland Consolidated Acts

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2009 - SECT 233

233 Confidentiality generally

(1) This section applies to a prescribed person who has, in the course of administering this Act or because of an opportunity provided by involvement in administering this Act—

(a) acquired information about someone else; or

(b) gained access to a document about someone else.

(2) The prescribed person must not do either of the following—

(a) disclose to anyone else—

(i) the information; or

(ii) the contents of or information contained in the document;

(b) give access to the document to anyone else.

Penalty—

Maximum penalty—100 penalty units or 1 year’s imprisonment.

(3) Subsection (2) does not apply to the disclosure of information, or the giving of access to a document, about a person—

(a) with the person’s consent; or

(b) in connection with the performance of a function under this Act or an enabling Act; or

(c) to a police officer for reporting a suspected offence or assisting in the investigation of a suspected offence, if the president consents to the disclosure or giving of access; or

(d) if the disclosure or access is necessary to prevent or, minimise the risk of, harm to a child or injury to a person; or

(e) to a person approved by the Minister if the disclosure or giving of access is of statistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates; or

(f) as required or authorised under an Act or law.

(4) Also, subsection (2) does not apply to the disclosure of information, or the giving of access to a document, about a person if the information disclosed or accessed is only—

(a) something that was said or otherwise disclosed at a hearing of a proceeding that was held in public; or

(b) a decision, or reasons for the decision, of the tribunal.

(5) In this section—

"prescribed person" means a person who is or has been involved in the administration of this Act, including a person who is or has been any of the following—

(a) an official;

(b) a registry staff member;

(c) a person acting under the authority or direction of the tribunal or the chief executive;

(d) a Magistrates Court staff member performing a function of the principal registrar delegated to the member under section 210 (2) .