Queensland Consolidated Acts

TAFE QUEENSLAND ACT 2013 - SECT 66

66 Protection of confidentiality

(1) This section applies to a person who acquires information about another person (the
"other person" )—

(a) in performing a function under this Act; or

(b) because of an opportunity provided by the performance of the person’s function under this Act.

(2) The person must not do any of the following (each a
"disclosure" )—

(a) make a record of the information;

(b) whether directly or indirectly, divulge or communicate the information;

(c) use the information to benefit any person.

Penalty—

Maximum penalty—50 penalty units.

(3) However, subsection (2) does not apply if—

(a) the disclosure is—

(i) necessary to perform the person’s functions under this Act; or

(ii) authorised under an Act; or

(iii) necessary to perform official duties under the Public Records Act 2002 ; or

(iv) otherwise required or permitted by law; or

(v) ordered by a court, commission or tribunal constituted by law in proceedings before it; or

(vi) in a form that does not disclose the identity of the other person; or

(b) the other person is an adult and consents to the disclosure; or

(c) the other person is a child and the child’s parent or guardian consents to the disclosure; or

(d) the Minister considers the disclosure is in the public interest and gives the person written authorisation for the disclosure.