Victorian Current Acts

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VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 1998 - SECT 34

Secrecy

    (1)     This section applies to any person who is or has been—

        (a)     a member of the Tribunal;

        (b)     a registrar or other member of staff of the Tribunal;

        (c)     a person acting under the authority of the Tribunal.

    (2)     Except as permitted by this section, a person to whom this section applies must not directly or indirectly make a record of, or disclose to any person, any information about the affairs of a person acquired in the performance of functions under or in connection with this Act or an enabling enactment.

Penalty:     60 penalty units.

    (3)     A person to whom this section applies may record or disclose information referred to in subsection (2)—

        (a)     with the written consent of the person to whom the information relates; or

        (b)     in connection with the performance of functions under this Act or an enabling enactment.

Note to s. 34(3)(b) inserted by No. 11/2023 s. 54(1).

Note

There are information sharing functions of the Tribunal under sections 38AA and 147A.

S. 34(4) amended by No. 37/2014 s. 10(Sch. item 177.2).

    (4)     A person to whom this section applies may disclose any information referred to in subsection (2) to a police officer for the purposes of reporting a suspected offence or assisting in the investigation of a suspected offence.

    (5)     A person to whom this section applies may disclose any information referred to in subsection (2) for statistical purposes to a person approved by the Minister provided that the information does not identify any person to whom it relates.

    (6)     Nothing in this section [1] applies to the recording or disclosure of—

S. 34(6)(a) amended by No. 58/2013 s. 58.

        (a)     anything said or done at a hearing of the Tribunal (other than at a hearing that the Tribunal has directed to be held in private or that is the subject of a closed court order under Part 5 of the Open Courts Act 2013 ); or

        (b)     any decision or order of the Tribunal or the reasons for any such decision or order.



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