Victorian Current Acts Victorian Current Acts(1) In this section—
S. 50(1) def. of home buyer scheme inserted by No. 22/2021 s. 17(a).
home buyer scheme has the meaning given by section 34A;
S. 50(1) def. of protected information amended by No. 27/2001 s. 3(Sch. 1 item 3.7), substituted by No. 22/2021 s. 17(b).
"protected information" means information obtained under or in relation to the administration of this Act about—
(a) an applicant for a first home owner grant or an applicant's partner; or
(b) a person in connection with a home buyer scheme.
(2) A person is subject to a duty of confidentiality if—
(a) the person is, or has been, engaged in the administration or enforcement of this Act; or
(b) the person has obtained access to protected information (directly or indirectly) from a person who is, or has been, engaged in the administration or enforcement of this Act.
(3) A person who is subject to a duty of confidentiality must not disclose protected information except as permitted by subsection (4).
Penalty: 60 penalty units.
(4) Protected information may be disclosed—
(a) at the request or with the consent of the person to whom the information relates or a person acting on that person's behalf; or
(b) in connection with the administration or enforcement of—
(i) this Act or a corresponding law; or
(ii) a taxation law; or
S. 50(4)(c) amended by No. 84/2008 s. 20.
(c) for the purposes of legal proceedings arising out of this Act, a corresponding law or a taxation law, or a report of those proceedings; or
S. 50(4)(ca) inserted by No. 71/2004 s. 29.
(ca) to the following in connection with an investigation or prosecution carried out in the course of their duty—
S. 50(4)(ca)(i) substituted by No. 37/2014 s. 10(Sch. item 64).
(i) a police officer within the meaning of the Victoria Police Act 2013 ; or
(ii) a member of the Australian Federal Police; or
(iii) the Director of Consumer Affairs Victoria; or
S. 50(4)(ca)(iv) substituted by No. 40/2022 s. 55.
(iv) Homes Victoria; or
S. 50(4)(ca)(v) inserted by No. 41/2013 s. 42, substituted by No. 17/2014 s. 160(Sch. 2 item 43).
(v) the Victorian Legal Services Board; or
S. 50(4)(ca)(vi) inserted by No. 41/2013 s. 42, substituted by No. 17/2014 s. 160(Sch. 2 item 43).
(vi) the Victorian Legal Services Commissioner; or
S. 50(4)(ca)(vii) inserted by No. 40/2016 s. 17.
(vii) the Ombudsman; or
S. 50(4)(cb) inserted by No. 40/2014 s. 12.
(cb) to the following persons—
(i) the Chief Executive Centrelink for the purposes of administering the social security law within the meaning of the Social Security Act 1991 of the Commonwealth or any regulations made under that law; or
Note
See section 23(17) of the Social Security Act 1991 of the Commonwealth.
(ii) the Child Support Registrar for the purposes of administering the Child Support (Registration and Collection) Act 1988 of the Commonwealth or the Child Support (Assessment) Act 1989 of the Commonwealth or any regulations made under those Acts; or
(iii) the Commonwealth Treasurer in relation to a decision that the Commonwealth Treasurer may make under the Foreign Acquisitions and Takeovers Act 1975 of the Commonwealth or any regulations made under that Act or in accordance with Australia's Foreign Investment Policy; or
(iv) a member of the Foreign Investment Review Board for the purposes of briefing the Commonwealth Treasurer in relation to a decision that the Commonwealth Treasurer may make under the Foreign Acquisitions and Takeovers Act 1975 of the Commonwealth or any regulations made under that Act or in accordance with Australia's Foreign Investment Policy; or
(v) the Secretary of the Department of the Treasury of the Commonwealth for the purposes of briefing the Commonwealth Treasurer in relation to a decision that the Commonwealth Treasurer may make under the Foreign Acquisitions and Takeovers Act 1975 of the Commonwealth or any regulations made under that Act or in accordance with Australia's Foreign Investment Policy; or
(vi) the IBAC Commissioner for the purposes of administering the Independent Broad-based Anti-corruption Commission Act 2011 or any regulations made under that Act; or
(d) as authorised under the regulations.
(5) For the purposes of the Freedom of Information Act 1982 , protected information is information of a kind to which section 38 of that Act applies.
S. 50A inserted by No. 84/2008 s. 21.