Victorian Current Acts

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LABOUR HIRE LICENSING ACT 2018 - SECT 103

Secrecy provision

    (1)     This section applies to—

        (a)     the Commissioner, an Acting Commissioner or a person who has at any time been the Commissioner or an Acting Commissioner; and

        (b)     a person who is, or has at any time been, an employee, consultant, contractor, agent or person assisting the Authority referred to in section 53.

    (2)     A person to whom this section applies must not, either directly or indirectly, make a record of, or disclose or communicate to any person, any information concerning the affairs of any person acquired under or for the purposes of this Act.

Penalty:     75 penalty units.

    (3)     Despite subsection (2), a person to whom this section applies may—

        (a)     make a record of, or disclose or communicate any information referred to in that subsection—

              (i)     in any legal proceedings under this Act or under a prescribed law or under an order of a court or VCAT; or

              (ii)     in, or in connection with, the exercise of a function, or performance of a duty, under or in connection with this Act or a labour hire industry law; or

              (iii)     if the information is the subject of or relevant to a complaint, investigation or inquiry under a law referred to in section 23(1); and

        (b)     disclose or communicate any information referred to in that subsection to the following—

              (i)     VCAT;

              (ii)     a police officer for the purposes of reporting a suspected offence or assisting in the investigation of a suspected offence;

              (iii)     a police officer who is performing a duty under or in connection with any Act;

              (iv)     a regulator responsible for dealing with the matter under the relevant law;

              (v)     a prescribed person who is, or a prescribed body that is, performing a duty under or in connection with any Act;

              (vi)     any other person, with the consent of the person to whom the information relates.

Division 3—Matters relating to proceedings



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