Queensland Numbered Acts

COMMUNITY AMBULANCE COVER LEVY REPEAL AND REVENUE AND OTHER LEGISLATION AMENDMENT ACT 2011 No. 20 - SECT 195

Sections 617A to 617C—

omit, insert—

'In this part—

confidential information means information disclosed to, obtained by, or otherwise held by, a public official under or in relation to this chapter.

public official means a person who is, or has been, a public service employee or other person, performing functions under or in relation to the administration or enforcement of this Act.

'(1) A public official must not disclose confidential information acquired by the public official in the public official's capacity to anyone else other than under this part.

Maximum penalty—100 penalty units.

'(2) The Minister may disclose personal confidential information—

(a) to the person to whom the information relates or, if either of the following apply, to someone else—

(i) with the consent, express or implied, of the person to whom the information relates;

(ii) the Minister reasonably believes is acting for the person to whom the information relates; or

(b) if the disclosure is expressly permitted or required under another Act; or

(c) to a person for the administration or enforcement of—

(i) a royalty law; or

(ii) a tax law or another law administered by the revenue commissioner; or

(iii) another law about public revenue; or

(d) in relation to any legal proceeding under this Act; or

(e) to an officer of the department for—

(i) developing or monitoring revenue policies; or

(ii) administering the Financial Accountability Act 2009, section 21.

'(3) Also, if the Minister becomes aware, from information obtained or held by the Minister in the course of administering this Act, of a particular offence or suspected offence (whether against this Act or another law), the Minister may disclose confidential information about the offence or suspected offence to a member of the Queensland Police Service or the Australian Federal Police for an investigation or proceeding (including for starting an investigation or proceeding).

'(4) Also, the Minister may disclose confidential information, other than personal confidential information, to any person, or for any purpose, the Minister is satisfied is appropriate in the circumstances.

'(5) This section does not create a right in any person to be given confidential information.

'(6) In this section—

personal confidential information, for a person, means confidential information that—

(a) identifies, or is likely to identify, the person; or

(b) discloses matters about the person's affairs.

revenue commissioner means the Commissioner of State Revenue appointed under the Taxation Administration Act 2001, section 7(2).

royalty law means this Act or another Act administered by the Minister providing for payment of a royalty.

tax law see the Taxation Administration Act 2001, schedule 2.

'(1) If—

(a) a person knowingly acquires confidential information without lawful authority; or

(b) a person receives confidential information that the person knows, or ought reasonably to know, is confidential information;

the person must not disclose the information to anyone else unless the disclosure is permitted under this part.

Maximum penalty—100 penalty units.

Example for subsection (1)(a)—

A person employed by a contractor engaged by the State to clean the department's offices reads a document in the Minister's office containing confidential information.

Example for subsection (1)(b)—

A person, other than the addressee of a fax, receives the fax that states the information in it is confidential and is intended for the addressee's purposes only.

'(2) If, under section 617B, the Minister discloses confidential information to a person, the person may disclose the information—

(a) to the extent necessary to enable the person to exercise a power or perform a function conferred on the person under a law for the administration or enforcement of the law; or

(b) for the purpose for which it was disclosed under the section; or

(c) to anyone else or for any purpose if the information relates to the person.

'(1) A person engaged in the administration or enforcement of this Act can not be compelled to disclose to a court or QCAT in a proceeding, or to a party to the proceeding—

(a) confidential information; or

(b) whether or not the person has received particular confidential information; or

(c) the identity of the source of particular confidential information.

'(2) Subsection (1) does not apply to a proceeding for the administration or enforcement of this Act.'.